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Title Vii Application

Autor:   •  November 24, 2015  •  Essay  •  544 Words (3 Pages)  •  882 Views

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Title VII Application

Title VII established an expectation of workplace fairness and to find new ways to eliminate workplace discrimination. The Equal Employment Opportunity Commission is the enforcing authority of Title VII regulations by investigating, negotiating, and filing complaints on behalf of employees who felt that they have been discriminated upon. To avoid losing the right to file a claim, discrimination complaints by employees should be filed with the EEOC within six months of the alleged complaint. An employee may file a private complaint under Title VII as well. The application of Title VII applies to organizations with 15 employees or more for 20 weeks or more during a current or previous year.  Application of Title VII has drastically affected the workplace. Title VII protects all employees in the work place, however, it has given new rights to women and minorities as a tool to solve employment discrimination issues. The legislature helped establish employment rights laws, defined discrimination perimeters, and established prohibited and unacceptable workplace discrimination practices. Organizations must be proactive in every aspect of monitoring and addressing workplace discrimination to promote a positive and productive work environment. An organizations failure to provide effective zero tolerance non-discriminatory policies and procedures could be detrimental and produce negative effects such as lawsuits, scrutiny in public opinion, fines, and costly litigation processes.

Title VII Disparate Impact and Disparate Treatment Discrimination Impacts

An employee filing a discrimination claim against an employer might use disparate impact or disparate treatment. The allegation requirements under Title VII to obtain protection and establish a strong case falls under two theories. Disparate impact is an indirect form of discrimination. According to "Disparate Impact " (2009-14), "Disparate Impact is a legal doctrine which states that a policy is considered discriminatory if it has a disparate “adverse impact” against any group based on race, gender, color, religion, or disability when there is no reasonable, non-discriminatory business requirement for the policy.” (para. 1). An experienced male and younger female apply for the same position with the similar qualifications. Through hearsay the young female obtained the position through her family relations to the executive director. The experienced male has legal rights to file a complaint. Disparate treatment establishes proof of illegal employment discrimination. An individual who files a disparate treatment complaint claims that they were treated differently than employees who were in a similar position, and the difference was based on a protected group. In other words, the individual claims that the employers’ treatment of the employee was harsh based on their race, gender, age, or other protected trait. ("Disparate Treatment Discrimination", 2015). 

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