Discrimination and Civil Rights Act

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Individual Paper Assignment

Workshop 5
May 7, 2013

There are several types of discrimination which all can be categorized under the Title VII of the Civil Rights Act of 1964. Title VII of the Civil Rights Act of 1964 and the amendments that coincide, prohibits job discrimination against employees, applicants, and union members on the primary basis that race, color, national origin, religion and gender at any stage of employment.

The basis that underlines discrimination is the EECO, which is the Equal Employment Opportunity Commission. In order to pursue any type of discrimination you must first submit a claim with the EEO before bringing a suit against any employer. EEOC will then take this suit and investigate the dispute trying to obtain the parties consent to an out-of-court settlement. If both parties cannot agree to this, If nothing can be agreed upon then the EEOC does have the opportunity to file suit against the employer on the employees behalf. The EEOC does not investigate each claim it is typically on the cases, which would be considered “priority cases”.

Intentional Discrimination is also prohibited under Title VII. Intentional Discrimination is by an employer against an employee who is a member of a type of protected class known as disparate-treatment discrimination. Intent is not always easy to prove for example if a woman applies for employment with a construction firm and is rejected, she could then sue on the basis of disparate-treatment discrimination during the hiring process. There are certain qualifications that she may have to follow in order to sue such as being a member of a protected class or if she applied and was qualified for the job, also if she was rejected by the employer and if the employer continued to seek applicants for the position with a person not in a protected class. Through a case such as this, there is always the burden of proof. If the plaintiff meets the criteria acceptable for her defense then the burden...
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