I need at least 500 words with references please. Thanks.
1- Who is covered and not covered under Title VII and its amendments?
2- How disparate impact discrimination and disparate treatment discrimination occur under Title VII, and their implications?
Interesting questions! Let's take a closer look through definition, discussion and example.
1. Who is covered and not covered under Title VII and its amendments?
Title VII is one section of the Civil Rights Act of 1964 that prohibits employers from discriminating on the basis of race, sex, color, religion, or national origin. However, for each of these discriminations, cases are tried on an individual bases. It is up to the employer to uphold Title VII regulations.
"This act protects all employees, regardless of classification or managerial level, in both the private and government sectors. In 1991, the act extended to all U.S. citizens employed by American employers outside the United States, except where it violated the law of the hosting country (Bennett-Alexander et al., 2003). In addition, it also protects foreign nationals employed within the United States and its protectorates. Unfortunately this act does not cover everyone. However, employers with less than 15 employees are NOT required to follow the guidelines set by Title VII." (http://www.academon.com/lib/paper/52378.html)
Title VII does not cover:
a. Government employees - special provisions are set up to protect them
b. Independent contractors - those who work independently typically on a number of different projects (Repa, 2005) (http://books.google.com/books?id=zGjdWYpRHWAC&dq=amendments+workplace+to+title+vii).
AMENDMENTS TO TITLE VII
(1) ADEA (1967): In 1967, Congress enacted the ADEA -- the first federal age discrimination statute. The ADEA was patterned directly on Title VII. Accordingly, courts often draw on Title VII decisions, in interpreting the ADEA. (The technical term for the principle of statutory interpretation allowing similar statutes to be construed alike is "in pari materia.") By its terms, the ADEA makes it unlawful for an employer to "fail or refuse to hire or to discharge any individual or otherwise discriminate . . . because of such individual's age." (Emphasis added.) Title VII also uses the phrase "because of," referring to its own prohibited characteristics. Accordingly, cases regarding what kinds of discrimination can be the basis for a Title VII lawsuit - that is, what kinds count as discrimination "because of" prohibited characteristics - arguably may be helpful in deciding what kinds of discrimination can be the basis for an ADEA lawsuit, as well. The ADEA is different from Title VII in one way, however: It has a minimum age. Originally, only workers between 40 and 65 years old were covered by the ADEA. Then the upper limit was raised to 70. And eventually, the limit was removed altogether, subject to a few exceptions (http://writ.lp.findlaw.com/grossman/20041116.html).
(2) The Americans with Disabilities Act (ADA) was designed to protect workers with disabilities against employer discrimination; The ADA, which protects against discrimination because an individual's disability, physical or mental.
(3) The Pregnancy discrimination Act (PDA) (1978) prohibits employers from refusing to hire a pregnant woman, to terminate her employment, or to compel her to take maternity leave. (http://books.google.com/books?id=zGjdWYpRHWAC&pg=PT239&lpg=PT239&dq=amendments+workplace+to+title+vii&source=web&ots=aqO_BoOBYD&sig=a65WvURxrGw4B45gkAc4GrcsCcA).
2. How do disparate impact discrimination and disparate treatment discrimination occur under Title VII, and their implications?
a. Disparate Impact
"Disparate impact" theory applies to neutral employment practices that have a disproportionate, adverse impact on a particular protected group (e.g. race, sex, color, religion, or national origin). Disparate impact is the idea that some employer practices, as matter of statistics, have a greater impact on one group than on another.
In a disparate impact case, the claim is that the employer has a practice that has a much bigger impact on one group than on another. For example, the employer won't hire janitors unless they are high school graduates. This might have a much bigger impact on blacks as a whole than on whites as a whole. I'll discuss this theory in detail in a later lesson.]
In the typical disparate treatment case the central issue will be whether Jane was treated differently because she was female or because of her attendance record. The "because" or "why" will be crucial.
b. Disparate Treatment:
Title VII prohibits employers from treating applicants or employees differently because of their membership in a protected class ((e.g. race, sex, color, religion, or ...
This solution discusses who is covered and not covered under Title VII and its amendments. It also discusses how disparate impact discrimination and disparate treatment discrimination occur under Title VII, and their implications. Examples are provided, as well as an article debating disparate impact discrimination.