Title Vii in the Workplace

Title VII in the Workplace

The last decade has produced an explosion of racial employment discrimination lawsuits. These lawsuits have resulted in record breaking settlements. By federally mandating every business to review the history, impact and proposed policy of Article VII these lawsuits may subside. Reviewing Title VII is a step corporate America must soon make or continue to loose much needed revenue. This paper will cover the history of Title VII, the impact of Title VII in the workplace, who is and who is not covered under Title VII as well as propose policies that companies should have in place to avoid Title VII violations.

I. The History of Title VII

Title VII of the Civil Rights Act of 1964 formally began to be developed in the 1960's. Though affirmative action efforts began before the great burst of civil rights statutes in the 1950's and 1960's, they did not truly take hold until it became clear that the anti-discrimination statutes alone were not enough to break past standings of discrimination.

For much of this century, racial and ethnic minorities have confronted exclusion both within the legal system and socially. Both African Americans and Hispanic Americans were segregated into low paying jobs which were primarily agricultural in nature. Asian Americans were forbidden from owning land, and worked fields to which they could not own. The first significant wave of progress in enhancing employment opportunities by race came during the labor shortage of WWII.

In July, 1963, in the midst of the civil rights campaign in Birmingham, Alabama, President John F. Kennedy appeared on national television to propose the civil rights bill.

Another milestone was the civil rights movement -Brown vs. the Board of Education, and the other cases striking down segregation, the Civil Rights Act of 1964, the Voting Rights Act of 1965, all of which helped advance the Constitution's promise of equal opportunity to all minorities.

These judicial and legislative victories were not enough to overcome long-entrenched discrimination, for several reasons. In part, these measures frequently focused only on issues of formal rights (such as the right to vote) that were particularly ending in judicial or statutory resolution.

After President Kennedy's assassination, Title VII was enacted as part of the Civil Rights Act of 1964, which borne The Equal Employment Opportunity Commission (EEOC). The EEOC is charged with enforcing anti-discrimination and resolving complaints. The Civil Rights Act is designed to make employers wholly responsible for illegal discrimination and to encourage employers to end discrimination. Title VII was substantially strengthened in 1972 by the addition of several amendments, signed by President Nixon.

II. The Impact of Title VII in the Workplace

Title VII of the Civil Rights Act of 1964 is considered the single most import piece of legislation in the United States. This legislation is responsible for forging the shape of employment law rights, defining the parameters of discrimination, those that are protected, and to set clear lines of prohibited or unacceptable practices of discrimination in the workplace.

The Civil Rights Act of 1964 was passed and strictly prohibits employers, unions, joint labor-management committees, and employment agencies from discriminating, in any aspect of employment on the basis of race, color, gender, national origin, or religion.

The impact of Title VII is extreme from almost every perspective, both from a positive perspective and a negative perspective. If an employer provides a strong, top-down approach to nondiscrimination policies and procedure, the employer sets a clear expectation of conducted in the workplace that discrimination in any shape or form will not be tolerated. A proactive approach to addressing and monitoring this issue through every facet of an operation will provide a positive and productive workforce. The negative impact can be a devastating proposition, regardless of it being known or unknown within a workplace setting. The fines, scrutiny, lengthily litigation process, public opinion, individual liability issues, can and have killed many companies. (http://www.eeoc.gov/policy/vii.html).

III. Who is and who is Not Covered under Title VII

Though Title VII prohibits discrimination on the basis of race, color, pregnancy, religion, disability, sex, national origin, age, or veteran status, or individual states' protected categories in considering anyone for employment it is not extended to all entities or individuals as one may assume. Under Title VII the law protects both public and governmental (Non Federal) employees. Unlike labor laws that do not apply to managerial employees or wage and hour laws that exempt certain types of employees, Title VII covers all levels and types of employees. The Civil Rights Act of 1991 extended Title VII coverage to U.S. citizens employed outside of the United States. In addition, Title VII outlines the compliance requirements for employers engaged in interstate commerce if they have 1) fifteen or more employees, or 2) operate any labor organizations that deal with employers concerning labor issues