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Application of Title VII and Amendments

Explaining the scope of Title VII and its applications to the workplace. Address the following:

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.

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RESPONSE:

1. The history and evolution of Title VII and its amendments (PDA, ADA, ADEA).

Following are the laws that are enforced by the Equal Employment Opportunity Commission:

Title VII of the Civil Rights Act of 1964

Title VII of the Civil Rights Act of 1964, prohibits discrimination based on race, color, religion, sex or national origin:

A. Race/Color Discrimination

It is unlawful to discriminate against any individual in regard to recruiting, hiring and promotion, transfer, work assignments, performance measurements, the work environment, job training, discipline and discharge, wages and benefits, or any other term, condition, or privilege of employment. Title VII prohibits not only intentional discrimination, but also neutral job policies that disproportionately affect persons of a certain race or color and that are not related to the job and the needs of the business. Employers should adopt "best practices" to reduce the likelihood of discrimination and to address impediments to equal employment opportunity.

Current EEOC regulations state that race discrimination may occur when a person is subjected to ethnic slurs, racial jokes, offensive or derogatory comments or other verbal or physical abuse based on an individual's race or color. The use of such language may give rise to a Title VII claim if the conduct creates an intimidating, hostile or offensive working environment, or interferes with an individual's work performance. <http://www.eeoc.gov/types/race.html>

B. Religious Discrimination

EEOC regulations require an employer to reasonably accommodate the religious belief of an employee or prospective employee, unless doing so would impose an undue hardship. The EEOC has further held that it is unlawful for employers, employment agencies, labor organizations, and joint labor management committees to discriminate against an employee or applicant for employment because of their religion, in hiring, firing, and other terms and conditions of employment. The EEOC defines religion to include; religious observance, practice and belief.

C. Sex Discrimination

It is unlawful under Title VII to fail or refuse to hire, to discharge, or otherwise to discriminate against any individual with respect to their compensation or terms, conditions, or privileges of employment because of the individual's sex.

D. Sexual Harassment

Sexual harassment is a form of sex discrimination that violates Title VII of the Civil Rights Act of 1964. Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitutes sexual harassment when submission to or rejection of this conduct explicitly or implicitly affects an individual's employment, unreasonably interferes with an individual's work performance or creates an intimidating, hostile or offensive work environment.

Sexual harassment can occur in a variety of circumstances, including but not limited to the following:

· The victim as well as the harasser may be a woman or a man. The victim does not have to be of the opposite sex.
· The harasser can be the victim's supervisor, an agent of the employer, a supervisor in another area, a co-worker, or a non-employee.
· The victim does not have to be the person harassed but could be anyone affected by the offensive conduct.
· Unlawful sexual harassment may occur without economic injury to or discharge of the victim.
· The harasser's conduct must be unwelcome.
· The victim should directly inform the harasser that the conduct is unwelcome and must stop. The victim should also use any employer complaint mechanism or grievance system available.

E. Pregnancy Discrimination Act (PDA) of 1978

This Title VII amendment prohibits discrimination on the basis of pregnancy, childbirth, or related medical conditions. The EEOC has found that women affected by pregnancy or related conditions, must be treated in the same manner as other applicants or employees with similar abilities or limitations. <http://www.eeoc.gov/types/pregnancy.html>

F. National Origin Discrimination

Title VII of the Civil Rights Act of l964 protects individuals against employment discrimination on the basis of national origin as well as race, color, religion and sex. It is unlawful to discriminate against any employee or applicant because of the individual's national origin. No one can be denied equal employment opportunity because of birthplace, ancestry, culture, or linguistic characteristics common to a specific ethnic group. Equal employment opportunity cannot be denied because of marriage or association with persons of a national origin group; membership or association with specific ethnic promotion groups; attendance or participation in schools, churches, temples or mosques generally associated with a national origin group; or a surname associated with a national origin group. A rule requiring that employees speak only English on the job may violate Title VII unless an employer shows that the requirement is necessary for conducting business.

G. Exceptions to the Prohibition Against National Discrimination

The EEOC has found two categories of exceptions to the prohibition against national origin discrimination: "the national security exception and the bona fide occupational qualification (BFOQ) exception. The national ...

Solution Summary

This solution explains the scope of Title VII and its applications to the workplace including the history and evolution of Title VII and its amendments (PDA, ADA, ADEA), as well as the application of Title VII and amendments in the workplace.

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