StudentShare
Contact Us
Sign In / Sign Up for FREE
Search
Go to advanced search...
Free

Prevention of discrimination in employment - Case Study Example

Cite this document
Summary
The Congress has passed the Civil Rights Act (CTA) of 1964 to eradicate discrimination, and it is one of the “most prominent” legislations for the protection of civil rights in the country (Feder, 2005, p.1). …
Download full paper File format: .doc, available for editing
GRAB THE BEST PAPER92.5% of users find it useful
Prevention of discrimination in employment
Read Text Preview

Extract of sample "Prevention of discrimination in employment"

Agency Action: VII – Prevention of Discrimination in Employment Affiliation with more information about affiliation, research grants, conflict of interest and how to contact Agency Action: Title VII – Prevention of Discrimination in Employment The Congress has passed the Civil Rights Act (CTA) of 1964 to eradicate discrimination, and it is one of the “most prominent” legislations for the protection of civil rights in the country (Feder, 2005, p.1). While the Depart of Justice (DOJ) administers relevant provisions relating to issues of discrimination and the Department of Labor (DOL) enforces the provisions of the laws relating to “nondiscrimination in employment” (p.4). Title VII of the CRA seeks to prohibit all types of discrimination in employment on the grounds of “race, color, religion, national origin, or sex” (p.1). Subsequent amendments in the said proviso allow some exceptions such as higher pay for one gender, if it is based on merit or seniority on the case of “fringe benefit packages” (Brenton, 2011, p.356). This paper seeks to explore the agency action of enacting Title-VII and its impact on the aspect of discrimination in the workplace.

In order to obtain a detailed understanding of these aspects, the paper will explore cases that involve this agency action and evaluate various rulings of the court to analyze the actual impact of this rule and to assess whether it has been effective in actually preventing discrimination in the workplace. Thus, this study evaluated the Wal-Mart case of alleged discrimination against women. In Wal-Mart Vs Betty Dukes et al, the former appealed in the Supreme Court against the District Court of California ruling that Wal-Mart has engaged in “discriminatory practices” against women employees (DeWeese & Rumpf, 2011).

While Wal-Mart has argued that class certification is “inappropriate” the women employees maintained that they “share a common interest” and that they are all governed by the same employment rule (2011). The Supreme Court has confirmed the rights of the female employees to “seek back pay” but also held that Wal-Mart has the discretion to “individualized defenses” for back pay (p.13). In the light such litigations, evidence suggests that Title-VII does not always serve the intended purpose and on occasions laws become “severely undermined” because of the possibility for accounting for salary gaps through factors that appears non-discriminatory (Benton, 2011, p.385). References Brenton, A. (2011). Overcoming the Equal Pay Act and Title-VII: Why Federal Sex Based Employment Laws should be Replaced with a System for Accrediting Employers for their Antidiscriminatory Employment Practices.

Wisconsin Journal of Law, Gender and Society, 26 (2): 349-385. DeWeese, N. & Rumpf, J. (2011). Wal-Mart Stores, Inc Vs Betty Dukes. Legal Information Institute, Cornell University. Retrieved from Feder, J. (2005). Federal Civil Rights Statutes: A Primer. Congressional Research Service. Retrieved from

Read More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“Prevention of discrimination in employment Case Study”, n.d.)
Prevention of discrimination in employment Case Study. Retrieved from https://studentshare.org/law/1636010-prevention-of-discrimination-in-employment
(Prevention of Discrimination in Employment Case Study)
Prevention of Discrimination in Employment Case Study. https://studentshare.org/law/1636010-prevention-of-discrimination-in-employment.
“Prevention of Discrimination in Employment Case Study”, n.d. https://studentshare.org/law/1636010-prevention-of-discrimination-in-employment.
  • Cited: 0 times

CHECK THESE SAMPLES OF Prevention of discrimination in employment

Prejudice and Discrimination

With this, it was unlawful to discriminate people with disabilities in employment, education and transport.... At the time of signing this section into law, Americans with disability were experiencing discrimination in education institutions, housing, employment, and transportation, access to equal medical care and access to public buildings.... his section specifies that any person with disability should not be discriminated on the basis of his disability, be excluded from participation or denied benefits under the basis of discrimination on any program or activity receiving federal financial assistance....
5 Pages (1250 words) Essay

Discrimination in the Workforce Problem-Resolution

Nowadays most of the organizations mugs with the problem of discrimination in one or another way.... Now let us see what may be the goal to be formulated by the leader to achieve a better result where the problem of discrimination arises.... Now let us see what may be the goal to be formulated by the leader to achieve a better result where the problem of discrimination arises.... Equal employment Opportunity Commission (EEOC),(2004) in Annual Federal Sector EXCEL Program for Government Employees, Managers, and Union Officials from August 30 to September 2, 2004 in Las Vegas, Nevada....
4 Pages (1000 words) Essay

Employment Law in the US

In a similar vein the Equal Pay Act of 1963 (EPA), ensures the prevention of sex-based wage discrimination, the Age discrimination in employment Act of 1967 (ADEA), which was promulgated for the protection of individuals who are 40 years of age or older.... Furthermore sections 501 and 505 of the Rehabilitation Act of 1973 are in a similar spirit thereby protecting employees from disability discrimination in federal law and the Civil Rights Act of 1991 provides for monetary redressal for complaints of intentional employment discrimination....
5 Pages (1250 words) Essay

Assignment #3 Petty v. Metropolitan Govt of Nashville & Davidson County

The case also touched on the postponement in re-employing a returning Army reservist who had violated the Uniformed Services employment and Re-employment Rights Act (USERRA), even if the delay emanates from the employee's dishonesty.... These include: the guaranteeing returning veterans the right of re-employment after military service; preventing employers from discriminating against returning veterans, in relation to their military service; prescribing the position to which army veterans are entitled upon their return; and preventing employers from firing returning veterans arbitrarily, within a year of reemployment....
3 Pages (750 words) Research Paper

Human Genome Project / genetic discrimination based on testing for harmful genes

Genetic discrimination is a form of discrimination especially by employers or insurance companies based on possession of perceived harmful genes that exposes a person to the risk of developing a chronic condition.... Genetic testing is likely to contribute to increased cases of discrimination for those in possession of the wrong gene.... American history of discrimination against racial minorities and disabled people including the mentally retarded suggest that genetic test may provide scientific evidence to justify discrimination....
2 Pages (500 words) Essay

Legal regulatory , and etical issues

As a matter of fact, all employees should be accorded equal treatment and opportunities because they all have important… Although this information is known by all the employers, there have been very many cases of discrimination in the workplace.... Although this information is known by all the employers, there have been very many cases of discrimination in the workplace.... As a leader, I know for sure that discrimination in the workplace is one of the unethical and unlawful practices that should not be entertained whatsoever....
1 Pages (250 words) Research Paper

The Economic Significance of Discrimination at the Workplace

The intention of this study is to describe the significance of policies aimed at fighting discrimination in the workplace.... discrimination in the workplace is not isolated but a universal problem.... The more commonly found among these forms of discrimination are the discrimination against gender and color.... Therefore, the paper will analyze the impact of workplace discrimination on economics.... An interesting theory - the Rational Bias Theory suggests that discrimination propagates in a system because the members or the parts of that particular system are cooperative to the flaws of the system itself....
10 Pages (2500 words) Term Paper

Veteran Hiring in Federal Entities: Hiring Discrimination

The aim of this research “Veteran Hiring in Federal Entities: Hiring Discrimination” is to review and critically evaluate secondary sources for insights into discrimination in organizational hiring practices.... This will involve the assessment of insights on discrimination in the workplace and how efforts have been made to deal with it.... From thence, the study will propound a theory on how to develop human resource management theories and strategies for reducing discrimination in organizations....
14 Pages (3500 words) Assignment
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.
Contact Us