Discrimination Case

Discrimination is the prejudicial and/or distinguishing treatment of an individual based on their actual or perceived membership in a certain group or category, "in a way that is worse than the way people are usually treated."[6] It involves the group's initial reaction or interaction, influencing the individual's actual behavior towards the group or the group leader, restricting members of one group from opportunities or privileges that are available to another group, leading to the exclusion of the individual or entities based on logical or irrational decision making.[9]

Discriminatory traditions, policies, ideas, practices, and laws exist in many countries and institutions in every part of the world, even in ones where discrimination is generally looked down upon. In some places, controversial attempts such as quotas or affirmative action have been used to benefit those believed to be current or past victims of discrimination. There are a total of eight protected classes that are illegal for an employer to discriminate: race, color skin, sex/gender, religion, national origin, age, veteran, disability. Our group chose to discuss upon four from the above mentioned: race, gender, age and disability.

The Civil Rights Act of 1866 is the oldest federal legislation affecting staffing. It is based on the Thirteenth Amendment which declared that, “Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.” [18]. There is no statute of limitations and it enforces that employment is a contractual arrangement.

The Executive Order 11246 establishes the policy of the U.S. government as providing equal opportunity in federal employment for all qualified people. It prohibits discrimination in employment because of race, creed, color, or national origin. It is a positive, continuing program in each executive department and agency. In 1968 the Executive Order 11246 was modified, becoming EO 11375, changing the word “creed” to “religion” and added sex discrimination to other prohibited items.

The Civil Rights Act of 1964 (Title VII) includes discrimination in all facets of the employment process, administered by the Equal Employment Opportunity (EEOC), but it only applies to employers with 15 or more employees. The EEOC was created after Title VII of the Civil Rights Act. It is the most sweeping and important civil rights legislation ever enacted in this country. This act outlaws discrimination in hiring, promoting, and general treatment of employees. In 1967, it added the Age Discrimination in Employment Act (ADEA). In 1974, the Vietnam Veterans Readjustment Assistance Act was added. 1978, the Pregnancy Discrimination Act and in 1990 the Americans with Disabilities Act expanded Title VII. It must be clear to all employees and employers that there