University of Phoenix
July 27, 2010
Most working agencies that use the employment of people to do work for them are usually considered as employers by the court system. All organizations that fall under the “employer” guidelines must comply with the regulations that protect the employees’ who work in their establishments. Title VII of the Civil Rights Act of 1964 is one of the many laws applicable to organizations that employ United States citizens, with a few exceptions to this particular law. “Title VII exempts from its regulation government-owned corporations, Indian tribes, and bona fide private membership clubs” (Alexander, Bennett, & Hartman, 2007, p.11). This paper will explain various components of the Title VII law. The elements described in the paper will include the history and evolution of its amendments, the application of the law and its amendments in the workplace, who the law does and does not cover, disparate impact discrimination and disparate treatment discrimination implications, company policies that must be implemented to avoid discrimination in the workplace, and how Title VII defines sexual harassment along with what employers’ responsibilities are for addressing employees’ sexual harassment complaints in the workplace. History and Evolution
Within Title VII there are a lot of issues under employee’s rights regarding the Civil Rights Act of 1964, even though other titles were created under this Act. The formation of the legal steps for nondiscrimination in voting, education, public accommodation and federally assisted programs came from the Civil Rights Acts of 1964 (Alexander, Bennett, & Hartman, 2007, p. 70). Towards the end of slavery the individuals that had no social or legal relationship with everyone else in the world were forced to bond. Later came the structuring of Jim Crow laws. These laws were developed because of this separation. During this time, the division of blacks and whites caused this because this is where the practice of discrimination came about. Radical discrimination was the driving force behind Title VII. Months prior to ending of the Civil War, the 13th Amendment to the United States Constitution eliminating slavery was recommended to the other anarchies. This was confirmed by 19 of the 36 states the moment the Civil War successfully ended on April 9, 1865, and ratified by another eight states during successive months and "ratification was inclusive on December 6, 1865" (Employment Law Information Network, 2010, para 2.). Six additional states ratified the 13th Amendment by 1870 but not prior to passage of the Civil Rights Act of 1866, which "provided that all citizens would have the benefit of the equivalent rights as white citizens." (Employment Law Information Network, 2010, para 4.). Slaves were always denied the right to own property, sign contracts, sue, or to be part of any legal proceedings. With passage of the Civil Rights Act of 1866, former slaves and all races were to include the same rights to own assets and etc. as white citizens always had. The evolution of Title VII states that it is illegal for businesses to differentiate in opposition to any employee from being hired based on the individual's race, color, religion, sex, or national origin. Congress amended Title VII in 1978 by passing the Pregnancy Discrimination Act (PDA) and made it understandable that to facilitate discrimination support on pregnancy is unlawful sex discrimination. The Americans with Disabilities Act of 1990 (ADA) was written by legislation to protect the disabled against the barriers of employment discrimination in both the federal and private employment genres. Title VII was amended several times after 1964. Congress then passed the Age Discrimination in Employment Act of 1967 (ADEA), defending people between 40 and 65 from unfairness in employment (EEOC, 2010, para 6.). Title VII gave new...