The Value of Legal Protection in the Workplace
Instructions
Today, federal and state statutes govern the workplace. For example, various labor laws regulate the wages and working hours of employees. Additionally, federal and state statutes also exercise a significant role in protecting employees from discrimination.
One example of discrimination protection is the Equal Pay Act. When it comes to male and female employees who work at the same job and do the same work, if a wage difference exists, it must be due to “any factor other than gender” or a discriminatory violation of the Equal Pay Act may be found.
Answer the following questions (approximately one page per question):
* Analyze and provide your understanding of how Title VII of the Civil Rights Act protects employees from various discrimination in the workplace and the role the Equal Employment Opportunity Commission plays in the Act.
* Evaluate and explain the difference between intentional discrimination by an employer against an employee versus unintentional or unintended discriminatory impact.
- Provide an example—real or fictional—of each and the litigation process to establish a prima facie case for each.
- Note: While you may not repeat the examples provided in the text, you can use them for guidance.
* Summarize the legal requirements for the employer in the scenario below when it comes to protecting and accommodating religious rights in the workplace. Provide your recommendation for the employer, based on the legal requirements:
- Brian sells cellular service and phones at a local mall. He informed his employer he could no longer work on Saturdays because it was his religion’s Sabbath holiday. Saturdays were the biggest sales day for the company, and it required all sales employees to work weekends.
* Once an employee succeeds in proving that alleged discrimination occurred in the workplace, the burden shifts to the employer to defend their practices. Analyze and explain at least two defenses or possible justifications for employer discrimination today and best practices to avoid such a lawsuit.
Resources
The United States Department of Justice. Title VII of the Civil Rights Act of 1964. https://www(dot)justice(dot)gov/crt/laws-enforced-employment-litigation-section#:~:text=Title%20VII%20of%20the%20Civil%20Rights%20Act%20of%201964%20(Title,and%20gender%20identity)%20or%20religion
The Value of Legal Protection in The Workplace
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The Value of Legal Protection in the Workplace
Question 1: Title VII and EEOC’s Role in the Act
Title VII is a section of the Civil Rights Act of 1964 that prohibits prejudice based on identifying characteristics such as race, age, and religion, among others. It also provides a mechanism for shielding employees from vindictive treatment by their employers after filing a complaint about employment discrimination (U.S. Equal Employment Opportunity Commission, n.d). Title VII has been transformative in the U.S. employment sector because it protects citizens from undesirable employment practices. Its protections create fairness and equality by requiring employers to base their hiring decisions exclusively on relevant and objective factors. As a result, it highlights specific approaches that discrimination has occurred historically and prohibits similar issues by outlawing such treatments. As a result, it keeps the local governments and other employers alert while performing all employment-related activities, including hiring, training, firing, promoting, and transferring, to ensure they remain compliant with the law. Such an aspect makes the employment environment in the country balanced for everyone.
The Equal Employment Opportunity Commission (EEOC) is critical in implementing Title VII. For instance, it offers aggrieved individuals the mechanism of filing their complaints in pursuit of justice and fairness, prompting the body to investigate discrimination claims. It is responsible for thoroughly and accurately evaluating the tabled accusations. If they discover prejudice, they will work to resolve the issue. It uses diverse approaches to achieve this objective, including persuasion and conciliation or filing charges with the relevant state authorities. The EEOC also acts in other capacities, such as advising federal agencies on all facets of equal employment opportunity, ensuring that federal agencies and departments follow EEOC regulations, and offering technical assistance to federal agencies regarding the adjudication of EEO complaints. Its enforcement provisions make it a critical body for upholding Title VII’s regulations.
Question 2: Intentional and Unintentional Discrimination
Discriminations against the protected class by Title VII can occur in two primary ways. They comprise intentional or unintentional discrimination. Each of these impacts illustrates how an employer’s actions can translate into unfairness for a disadvantaged group of workers.
Intentional discrimination impact occurs when an employer treats individuals in a protected category, such as women, older persons, or minorities, differently to disadvantage them in a recruitment process. According to Dinur (2021), the action arises from one’s prejudice against a group or preference for one person over another, leading to subjectivity rather than objectivity in the employment sector. Such instances can arise when an employer applies an additional test for female applicants in a job but exempts male candidates. According to Equal Employment Opportunity Commission (n.d), Title VII prohibits the use of discriminatory test scores in employment processes. Considering the employer required women to complete the test while excluding the men, it becomes discriminatory, illustrating the case of intentional discrimination. An individual in this situation can easily establish a prima facie case by proving that they belong to the protected class, the employer was aware, and the favorable treatment of the men, and demonstrating the actions that harmed them
Unintentional discrimination impact refers to a situation where the employer’s processes appear discriminatory to a protected class in employment. Although every aspect of employment, including the test, remains uniform, the specific factors the applicants considered protected disadvantage them from the rest. An example of this vio...