Research Paper on Civil Rights Act of 1994

Introduction

The civil right act of 1994 was considered as one of the nation's premier civil rights legislation. What was seen to be the major outcome of the act was the fact that it outlawed discrimination which by this time was dominant on race, color, religion sex, national origin, sex and employment (Dreiband, Swearingen, & Day, 2015). As much as it was evident by this time that the 13th, 14th and the 15th amendments of the constitution had outlawed the aspect slavery and it also provided for equal protection under the law and also guaranteed both the right to vote and the protection to citizenship, it was still prevalent that individual states would still allow for unfair treatment of the minorities. In other cases, these individual states passed the Jim Crow laws which basically allowed segregation of the public facilities (Dreiband, Swearingen, & Day, 2015. With this kind of pressure going on in the country, civil rights movement was born in 1963(Dreiband, Swearingen, & Day, 2015). This was a movement which basically addressed all the social problems that the minorities were going through. The civil rights movement occurred in various titles. To further look into the issue of civil rights act of 1994, this paper will specifically examine the act based on title seven( Title VII)

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Title VII of the civil rights of 1994 is considered to be one of the federal law which was put in place to protect employees against discriminations (Mayeri, 2015). The kind of discriminations which employees were going through was based on certain characteristics. Some of these characteristics included; national origin, religion, sex, color, and race. Under this particular title, an employer is not supposed to be discriminated in regard to conditions, term or the various privileges of employment. Some of the areas which were identified to be giving rise to a violation of this particular cat include; recruiting, promotion, disciplining, training, measuring performance, assigning work and the provision of benefits (Mayeri, 2015).

Title VII of the civil right act of 1994 was an act which applied to both the employers in both public and private sectors. It was to apply to every employer who had more than 15 employees. Consequently, the act also applied to the federal government, Labour organizations and employment agencies. It was enforced by the aspect of Equal employment opportunity commission (Dreiband, Swearingen, & Day, 2015).

The Equal Employment Opportunity Commission is one of the government agency which was established to help in the enforcement of the legal laws which were sub jetted to workplace discriminations. Through, this agency, the laws which were established, therefore, made it possible for an employer to discriminate or harass a job applicant based on the discriminatory factors discussed above. Significantly, the laws also prohibit any discrimination which could be received frogman employee who was found to be complaining about illegal conduct. When this was the case, the employee was allowed to file a charge with the agency or could actively participate in the discriminatory in visitation or the lawsuits. Also, covered in the commission is the fact that they are authorized to carry an investigation on an employee's complaining (Dreiband, Swearingen, & Day, 2015). It is supposed to evaluate the allegations and come up with reasonable findings. In an event that it is not able to settle given case, it is also allowed to take a lawsuit which could be used later in the protection of the individual's rights and the public interests well. Through this, they are able to make crucial decisions on whether they can be able to take action itself considering the seriousness of the violation or the legal issues which have been presented by the case.

Title VII of the act also puts it clear that there is no individual who could be denied any employment or could be treated differently based on the basis of race, could region an many other discriminatory elements. Significantly, there is no employee who could be treated differently just based on the fact that they could be having an association with an individual with the said discriminatory elements. Again, the employment decision was not to be made on the pure basis of stereotypes or on the basis of assumptions which could be related to any of the protected characteristics discussed. For instance, this title puts it clear that it was considered a lawful for a supervisor to refuse to promote a Vietnamese individual to management position just because the supervisor pure believes that Asia people don't make good leaders.

To fully comply with Title VII, an employer was supposed to make sure that they maintain all the policies and practices that were not discriminatory as far as the protected class is concerned. In addition, an employer is allowed by this title to make sure that all the decisions are well documented and are based on job-related criterion instead of the applicant or an employee protected class. This was significant as it would assist an employer in defending Anya rising poteen tail discriminatory claims in an organization. As explained by Wright (2015), the title also offers an employer an opportunity to provide training to all the supervisors and employs with absolute zero tolerance policy for discrimination, retaliation, and harassments.

There were possible discriminatory policies which were aloe significantly addressed by the title VII. As explained by Wright (2015), most of the employment policies and practices may be classified as discriminatory under this title. They are basically classified based on the disparate treatment or the disparate impact. According to Wright (2015), disparate treatment comprises intentional discriminatory which is done by an employer. For instance, a football league could be having a policy that women in the team or the management may not be in a position to hold any decision making positions, with this kind of policy in mind, the league automatically violates the title Vii of this act. Also, employees who are belonging to a protected group can't be under any circumstance be segregated or could be physically isolated from a client or from other employs. For example, the title classified it as an offense for a major corporation to only a sign white individuals an office in what could be known as predominantly white area or assigning only an Asia employee to positions just because they are the dominant population in the area.

However, an exception to the oral general rule which exists against disparate treatment will only exist when the lack of the protected individuals is bona fide occupational qualification (BFOQ) for a given job. Through this, an employer may successfully defend based on the grounds that as much as particular requirement could look like intentionally discriminatory it is BFOQ for a job. For example, more rule may need a character to play Abraham Lincoln, in this case, the director of the movie only consider male whites to take the role as much as it would seem so much discriminatory based on race and sex (Hersch,& Shinall,2015).

The title has also stood on strong grounds for the prohibition of the neutral job policies. These are considered to be job policies which could be having an inappropriate impact on the protected individuals.an employer who has instituted a the allege policy could, however, defend themselves on the circumstances that the policy could be necessary for job performance and that it is necessary for the business. As mentioned earlier, the title also prohibits policies which could be leading to harassment which is based on the victim's membership when they fall as the protected individuals.as explained by Hersch,& Shinall(2015), the title ensured that any form of harassment was unwelcome. In an event that one is harassed, it is considered significant to notify the necessary proprietor of the inappropriate harassment action to an employer. The effect of failing to notify the employer in time could have an impact on the discrimination claim.

Conclusion

In conclusion, as much as title Vi of the1964 act was established in almost half a century ago, the aspect of gender and race discrimination is still predominate in the workplace. It is still problem f facing the workplace to date. In light of this, all the stakeholders concerned should only rivet the title and look at what did not work and what exactly work. Having this amended or implement fully will significantly help in the problem or race and sex discrimination in the workplace.

Reference

Disband, E. S., Swearingen, B., & Day, J. (2015). The evolution of Title VII-sexual orientation, gender identity, and the Civil Rights Act of 1964. Jones Day, Cleveland, OH.

Hersch, J., & Shinall, J. B. (2015). Fifty years later: The legacy of the Civil Rights Act of 1964. Journal of Policy Analysis and Management, 34(2), 424-456.

Mayeri, S. (2015). Intersectionality and title VII: A brief (pre-) history. BUL Rev., 95, 713.

Stewart, L. (2018). Circumventing Congress's Comprehensive Schemes: The Third Circuit Allows Employees of Educational Institutions to Bypass Title VII and Bring Claims Under Title IX in Doe v. Mercy Catholic Medical Center. Boston College Law Review, 59(9), E-Supp.

Wright, G. (2015). The regional economic impact of the civil rights act of 1964. BUL Rev., 95, 759.