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Title VII Violations

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What policies should companies have in place to avoid violations of Title VII and its amendments?

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https://brainmass.com/business/business-law/title-vii-violations-171595

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Hi,

Interesting questions. Let's take a closer look at Title VII and its amendments first, and then look at the requirements of policy in order to avoid violating Title VII and/or its amendments. I also attached two samples to consider and an excellent resource covering all areas of job discrimination (see Federal Laws prohibiting Job Discrimination3) for future reference.

RESPONSE:

1. What policies should companies have in place to avoid violations of Title VII and its amendments?

Title VII of the Civil Rights Act of 1964 (Title VII) prohibits employment discrimination based on race, color, religion, sex, or national origin. (http://www.eeoc.gov/facts/qanda.html).

In the late 1970s courts began holding that sexual harassment is also prohibited under the Act. Chrapliwy v. Uniroyal is a notable Title VII case relating to sexual harassment that was decided in favor of the plaintiffs. In 1986 the Supreme Court held in Meritor Savings Bank v. Vinson, 477 U.S. 57 (1986), that sexual harassment is sex discrimination and is prohibited by Title VII. Title VII has been amended with legislation prohibiting pregnancy, age, and disability discrimination (See Pregnancy Discrimination Act of 1978, Age Discrimination in Employment Act, Americans with Disabilities Act of 1990) (http://en.wikipedia.org/wiki/Civil_Rights_Act_of_1964#Title_VII).

To avoid violations in any of these areas, companies develop a basic harassment and discrimination policy (see example 1 below) that address each of these areas (e.g., race, gender, religion, national origin, age, pregnancy, disability, etc.), while there is often a separate policy regarding sexual harassment and/or sexual favoritism (see attached example and sample policy), which can also be considered a hostile work environment. The following example is a sample 'Harassment and Discrimination Policy,' which clearly illustrates the types of information to include in the policy.

EXAMPLE 1: Policy Sample:

Harassment and Discrimination Policy

CATEGORY: Human Resources

SUBJECT: Harassment and Discrimination Policy

POLICY: Company X believes in and is committed to a trusting, safe work environment free from discrimination and harassment. Any act of discrimination or harassment is unacceptable.

Note: This policy is not intended to preclude the right of any individual to access legal ...

Solution Summary

Overviews policies that companies should have in place to avoid violations of Title VII and its amendments. Supplemented with three examples of violations of Title VII.

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See Also This Related BrainMass Solution

Title VII discrimination: three separate cases of possible violations against blacks

3. It is discovered that, at a health club, the owner has been putting a notation on the application of black membership applicants that reads "DNWAM", which means "do not want as member. In addition, the black membership applicants are charges higher fees and are much less likely to be financed as other non black applicants. Can the black applicants bring a successful action under Title VII?

4. A black female employee is told that she cannot come to work with her hair in decorative braids traditionally worn in Africa, and if she continues to do so, she will be terminated. Does the employee have a claim under Title VII?

5. Bennie's Restaurant chain routinely hires blacks, but it only assigns them to the lower-paying jobs as kitchen help, rather than as higher-paid servers, salad bar helpers, or managers. Bennie's says it does not discriminate because it has many black employees. If suit is brought by the black employees, who will likely win? [based on Denny's Rest]

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