a. The history and evolution of Title VII and its amendments (PDA, ADA, Adea). b. The application of Title VII and amendments in the workplace. In 1943 Congress introduced the very first equal employment bill but it failed to pass both houses. Congress for the next twenty years introduced equal employment bills but they were either kicked by committee or died under the threat of Senate filibusters. The failure of these bills were no surprise given the history of discrimination in this country but what was a surprise was the success of the equal employment provisions of the Civil Rights Act of 1964.
Before the assignation of President John F. Kennedy in 1963, he supported Title VII which was part of a broad program of the Civil Right legislation directed toward racial equality and after that it was promoted by President Johnson (Maduff Law, n. d. ). In the beginning the Civil Rights of 1964 was the foundation in which the vast architecture of discrimination was erected. Title VII of this act dealing with the discrimination in the workplace, imposed a broad range of prohibitions but Section 703(a) is the heart of Title VII which according to Myers, J. D. 2002) states, (1)”It shall be unlawful employment practice for an employer to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s race, color, religion, sex, or national origin; or (2) To limit, segregate, or classify his employees or applicants for employment in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his status as an employee; because of such individual’s race, color, religion, sex, or national origin. ” The Equal Employment Opportunity Commission (EEOC) governs the enforcement of Title VII.
First and foremost Title VII was intended to address racial discrimination in the workplace as a response to the civil rights movement of the 1950’s and 1960’s. Because of this preoccupation with racial discrimination this resulted in an impoverished legislative history that was concerned with other forms of discriminatory practices and under Title VII there are various acts which tend to cover the different aspects of discrimination. According to The U. S. Equal Employment Opportunity Commission (n. d. ), “The Age Discrimination in Employment Act of 1967 (ADEA) protects individuals 40 years of age or older from employment discrimination based on their age and it applies to both job applicants and employees.
With regards to condition, any term or privilege of employment, it is against the law under the ADEA to discriminate against a person because of his/her age which includes layoff promotion, compensation, hiring, firing, training, job assignments and benefits. It is also unlawful for an employer to discriminate against anyone for opposing employment practices that discriminate based on age or for filing as age discrimination charge, testifying or participating in an in an investigation proceeding or litigation under the ADEA” (para. 1). “Americans with Disabilities Act of 1990 Title I does not allow any private employers, local, and state governments, labor unions and employment agencies from discriminating against qualified individuals with disabilities in job application procedures, firing, hiring, job training, advancement and other terms, privileges, and conditions of employment” (The U. S.
Equal Employment Opportunity Commission, n. d. ). The ADA’s Title I and Title V also prohibits qualified individuals with disabilities in the state and local governments, and private sector from being discriminated against. Qualified persons with disabilities who work for the federal government are covered against discrimination under Sections 501 and 505 of the Rehabilitation Act of 1973 and the Civil Rights Act of 1991 provides monetary damages, among other things, for intentional employment discrimination. The U. S. Equal Employment Opportunity Commission (n. d. ) Web site says The PDA (Pregnancy Discrimination Act) is an amendment to Title VII of the Civil Rights Act of 1964.
Women who are pregnant or affected by conditions that are related must always be treated the same way as other employees or applicants that have similar limitations or abilities. Discriminating against them on the basis they are pregnant, childbirth, or any other related medical condition constitutes unlawful sex discrimination under Title VII. Pregnancy-related protections under Title VII include pregnancy and maternity leave, hiring, fringe benefits and health insurance. References Maduff Law (n. d. ). The Origins and Application of Title VII of The Civil Rights Act of 1964. Retrieved March 16, 2009, from http://www. madufflaw. com/profiles/pdf/titlevii. pdf Myers, J. D. , David. (2002).
Thou Shalt Not Discuss Religion: The Rise of Religious Harassment and the Decline of Freedom of Speech in the Workplace Title VII Law Review in The Beginning: The History of Title VII. Title VII Law Review. Retrieved March 11, 2009, from http://www. lc. org/resources/title_vii_law_review. htm The U. S. Equal Employment Opportunity Commission (n. d. ). Age Discrimination. Retrieved March 14, 2009, from http://eeoc. gov/types/age. html The U. S. Equal Employment Opportunity Commission (n. d. ). Disability Discrimination. Retrieved March 14, 2009, from http://eeoc. gov/types/ada. html The U. S. Equal Employment Opportunity Commission (n. d. ). Pregnancy Discrimination. Retrieved March 14, 2009, from http://eeoc. gov/types/pregnancy. html [pic][pic][pic][pic][pic][pic][pic][pic]
