Share
Explore BrainMass

Title VII and Disparate Discrimination

Can you help me identify who is covered under Title VII and who is not? Also explain how disparate impact discrimination occurs under Title VII as well as disparate treatment discrimination; and the implications of these acts?

Solution Preview

Hi,

Interesting questions! Let's take a closer look through definition, discussion and example.

1. Can you help me identify who is covered under Title VII and who is not?

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 (http://www.eeoc.gov/policy/vii.html).

Title VII protects all employees, regardless of classification or managerial level, in both the private and public sectors. In 1991, the act also 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. 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)

In addition, 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).

It should be noted that Title VII does not apply to claims of age discrimination. Rather, such claims arise under a separate statute -- the Age Discrimination in Employment Act ("ADEA" - see other amendments to Title VII below). Plaintiff's Amended Complaint, however, never mentions or cites the ADEA ( ...

Solution Summary

This solution discusses who is covered under Title VII and who is not. By example, it also explains how disparate impact discrimination and disparate treatment discrimination occurs under Title VII, as well as the implications of these acts. It also discusses the amendments to Title VII.

$2.19