Share
Explore BrainMass

Business Law: Title VII

1. What types and amounts of damages are awarded for Title Vll violations?
2. What is a BFOQ?
3. Is it defined by the courts narrowly or broadly?
4. What two ways is the Civil Rights Act of 1866 superior to a Title Vll claim for racial discrimination?
5. I own a business with more than 15 employees. We never are open on the weekend. A Wal-Mart opens across the street and our business suffers accordingly. I decide that I must be open on the weekends. Each employee must work one weekend a month. I tell my employees and one of them tells me that for religious reasons she can't work on the Sabbath.
a. What part of Title Vll applies to this situation ?
b. What is the standard called & what is required by it?
c. What specific suggestions ( plural) do you have to satisfy the Title Vll requirements , for the above hypo?

Solution Preview

1. What types and amounts of damages are awarded for Title Vll violations?

Courts have the power to grant remedies to "make a person whole for injuries suffered on account of ... employment discrimination"

Remedies available to successful Plaintiffs:
 Back pay & benefits
 Reinstatement & promotion
 Front pay
 Compensatory damages (emotional harm, pain & suffering, inconvenience, humiliation)
 Punitive damages
 Attorneys' fees
 Back Pay
 Front Pay
 Seniority
 Retroactive Seniority
 Injunctive Relief

Examples of verdicts against higher educational institutions:
 University ordered to pay $1.275M ($225K actual damages; $750K punitive; $200K Vice Chancellor; and $100K athletics director) in age discrimination/ retaliation lawsuit brought by baseball coach

 Jury awarded $850,000 to College employee who claimed that her bosses failed to protect her from sexual advances by a campus police officer and then retaliated against her after she complained

Examples of settlements from University's:

 University agreed to pay $12M to settle a class action lawsuit based upon gender discrimination

 University agreed to pay $182,500 to settle an EEOC sex discrimination/ retaliation claim brought by the former Dean of Admissions

2. What is a BFOQ?

"BFOQ" is an exception to Title VII, which stands for bona fide occupational qualification. This allows employers and employment decisions to be based upon religion, sex, or national origin when such a characteristic is a ("BFOQ") that is "necessary to the normal operation of that particular business or enterprise". However, race and color cannot be a BFOQ.

3. Is it defined by the courts narrowly or broadly?

Title VII of the 1964 Civil Rights Act, as it has been interpreted by the courts, is an uncompromising statute. It bars adverse employment actions taken on the basis of race, color, religion, sex, and national origin, with only one exception: in cases where an employer can demonstrate that sex, religion, or national origin is a "bona fide occupational qualification [BFOQ] ...

Solution Summary

The solution includes very detailed answers to each business law question.

$2.19