Preview

Discrimination and the Legal Process

Better Essays
Open Document
Open Document
1167 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Discrimination and the Legal Process
Discrimination and the Legal Process
Today’s organizations are faced with many ethical and legal issues when dealing with the diverse work force such as the potential of discrimination when conducting day-to-day activities. The issues of diversity and discrimination affect many organizations behavior when considering how to properly treat the employees without making decisions based on based on race, nationality, creed, color, age, sex or sexual orientation. The influence of laws on decision-making has a direct impact on the livelihood of an organization. Understanding laws about discrimination is important if one wishes to be sure he or she is being treated fairly. This paper will discuss the legal process one would pursue whom was discriminated against by a private sector organization and wishes to file a complaint. The factious employee’s name is John and he wants to file a complaint against his employer for discrimination. This paper will describe discrimination laws and show how a complaint begins with the Equal Employment Opportunity Commission (EEOC) and proceeds through the civil litigation process from the state level up to the United States Supreme Court.
There are many types of discrimination and Congress has passed several different Acts that are in place that give us rights to help protect us from being discriminated against. The Equal pay Act was passed in 1963 to prohibit discrimination because of ones sex in the payment of wages by employers. In 1964, Congress passed the Civil Rights Act, which prohibits individuals from discrimination in employment based on race, sex, color, national origin, or religion. Then the Age Discrimination in Employment Act (ADEA) which prohibits people over the age of 40 from being discriminated against was passed in 1967 and amendments where made in 1978 and 1986. Finally, the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990 were passed and these Acts prohibit discrimination against



References: EEOC. (2003). Retrieved Nov. 06, 2005, from Filing a Charge of Discrimination Web site: http://www.eeoc.gov. US Courts. (2003). Retrieved Nov. 06, 2005, from Understanding Federal Courts Web site: http://www.uscourts.gov.

You May Also Find These Documents Helpful

  • Good Essays

    Mgmt402 Unit 5 Db

    • 464 Words
    • 2 Pages

    Discrimination is a rising concern among employees in each organization environment. The theories both support the need for antidiscrimination laws and policies. The theories support the laws and policies by protecting employees and also help to support regulations and rules of administration of the business. Without the laws and policies in place with the support of the theories, then discrimination would be an issue for many applicants in the workforce.…

    • 464 Words
    • 2 Pages
    Good Essays
  • Good Essays

    *Knock knock knock knock* Mrs. Tina was banging on my front door. My mom answered the door and I knew it was bad.…

    • 768 Words
    • 4 Pages
    Good Essays
  • Good Essays

    The US Equal Employment Opportunity Commission protects employees when they feel they are being discriminated against. This discrimination can be direct and overt or subtle and unintentional. The two distinctions for these forms of discrimination are Disparate Treatment and Disparate Impact. This paper will present one case study for each form of discrimination, the ruling of the cases, and how the cases affect the authors work environment at Novellus Systems.…

    • 753 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Title III Research Paper

    • 553 Words
    • 3 Pages

    Today 's employment practices were defined by the Title VII of the Civil Rights Act of 1964. The law sanction in the year 1964 bans discrimination in employment based on religion, national origin, race, color, or gender. From the beginning, Title VII has advanced the laws regarding anti-discrimination. The laws are intended to "promote fairness, equality, and opportunity within the workplace" (Bennett-Alexander & Hartman, 2003, p. 5). This paper will reflect on the history and evolution of Title VII and observe its impact in the working environment. This paper will also recognize the people who are protected under the Title VII act. The paper will conclude with reviewing the policies and procedures any business should have implemented to minimize Title VII claims of violations.…

    • 553 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    Within this essay, I would like to describe how and when to challenge discrimination within school practice, and how this can in affect children and young people. What discrimination is and how to prevent it happening in schools.…

    • 344 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    Although the United States have made great strides toward cultural diversity and the equality of all people, discrimination has still managed to destroy lives in modern society. This country was founded by immigrants, yet the majority of society still looks upon immigration with hatred. The attitude of the general public was heavily influenced in the aftermath of the September 11th attacks, causing innocent citizens to be labeled as terrorists. More than a decade later, Presidential candidate Donald Trump fueled the fire when he brought the issue of immigration back into the forefront of the media focus. The most controversial part of Trump’s statement was his negative description of the immigrants who are coming across the borders, characterizing…

    • 310 Words
    • 2 Pages
    Good Essays
  • Powerful Essays

    One direct body of evidence of the persistence of employment discrimination, despite the presence of antidiscrimination laws, comes from the scope and dispensation of job discrimination lawsuits. Discriminatory practices have occurred at highly visible U.S. corporations often having multinational operations. The suits reveal racial and gender discrimination in employment, training, promotion, tenure, layoff policies, and work environment, as well as occupational segregation. 1…

    • 6165 Words
    • 25 Pages
    Powerful Essays
  • Powerful Essays

    Employment Law

    • 1273 Words
    • 6 Pages

    Employment laws play a critical role in human resources management strategies and in an organization operation. Employee laws are design to protect the employees by the Equal Employment Opportunity Commission (EEOC). The Equal Employment Opportunity Commission (EEOC) “ federal enforcement agency enacted to ensure that employers follow and abide by rules set forth in the Civil Rights Acts of 1964”(Web Finance, 2012). However, the act insisted of “people should be given the same opportunities and equal changes to obtain employment regardless of their color, race, gender, national origin, or religion” (Stewart & Brown, 2012, pg. 80).…

    • 1273 Words
    • 6 Pages
    Powerful Essays
  • Powerful Essays

    The EEOC statistic from last year showed 26,740 discrimination cases reported in America. Racial discrimination in America is considered any act against an individual while recruiting, hiring, or job training. Many other forms include these examples: work performance measures, wages, promotions, work conditions, or any other unlawful employment bias discharge. In enforcing Title VII 's prohibition of race and color discrimination, the EEOC has filed, resolved, and adjudicated a number of cases since 1964. Below is an in exhaustive list of significant EEOC private or federal sector cases from 2003 to present. These cases illustrate some of the common, novel, systemic and emerging issues in the realm of race and color…

    • 3697 Words
    • 15 Pages
    Powerful Essays
  • Good Essays

    The complaint procedure for a disparate impact and a disparate treatment claim as it pertains to the EEOC;…

    • 437 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Elaine, who had been given mentioned the great career opportunities at the company of Jerry, has now sued her employer because she was fired for no reason. Elaine received a letter, which stated that her annual salary would be $30,000. Jerry is an employment at will employer, who does not have employment contracts. However, Jerry has fired Elaine without any explanation and then hired a man named Kramer, who had less job experience and education than Elaine, for the position. Elaine has sued Jerry to get her job back and keep her annual salary. For this legal issue, we need to consider several questions; does the at-will employer need to give reasons for the termination of employment? Was the…

    • 1000 Words
    • 4 Pages
    Good Essays
  • Good Essays

    The ruling put in force by Equal Employment Opportunity Commission (EEOC) make it against the law to discriminate against employees on the bases of race, color, religion, sex, national origin, disability, reprisal/retaliation, sexual orientation or age. An individual who files a complaint or takes part in an investigation…

    • 701 Words
    • 3 Pages
    Good Essays
  • Powerful Essays

    The Age Discrimination in Employment Act of 1967 (ADEA) makes it illegal to discrimination against employees and job applicants who are over the age of forty. Discrimination includes the hiring and firing of individuals due to age as well as differentiating salary, benefits, and job assignment because of age. All employers that have over 20 employees are obligated to follow this law. Smaller employers. When advertising job positions it is unlawful to post age preferences, unless the employer can prove that the job has an unique limitation that mandates a certain age. For instance in entertainment if a child actor is needed a sixty year old would not be qualified for the job. During the job application…

    • 1672 Words
    • 7 Pages
    Powerful Essays
  • Powerful Essays

    This essay discusses ethnicity discrimination in the workplace, more specifically language discrimination on the basis of national origin. National origin discrimination in the workplace occurs when a company makes employment decisions based on a person’s origins, birthplace, culture, surname, language or accent. The Title VII of the Civil Rights Act of 1964 prohibits workplace discrimination based on religion, national origin, race, color, or sex. The law 's prohibitions include harassment or any other employment action based on any of the following: affiliation, physical or cultural traits and clothing, perception and association. Besides employment decisions, other common violations covered under Title VII include harassment and language discrimination. The types of language discrimination are accent discrimination, English fluency and English-only rules.…

    • 2687 Words
    • 11 Pages
    Powerful Essays
  • Better Essays

    Treton Discrimination Case

    • 1063 Words
    • 4 Pages

    Equal employment opportunity has been has been a major concern in American history. Although the nation was founded on the principles of individual merit, hard work and equality; discrimination still persists. Therefore, laws have been enacted to protect those who have been the victims of employment discrimination. A benchmark in employment laws is Title VII of the Civil Rights Act of 1964. Included in Title VII are Equal Opportunity laws prohibiting racial harassment and religious discrimination in the workplace. An employee has filed a formal complaint alleging such charges against his employer. This report investigates the incidents to determine whether the employee had sufficient grounds for the complaints under Title VII Equal Employment Opportunity laws. Due to the gross non-compliance of employment opportunity laws, the investigation concludes that the employee has sufficient evidence of racial harassment and religious discrimination to warrant a formal complaint to the Equal Opportunity Employment Commission.…

    • 1063 Words
    • 4 Pages
    Better Essays