HRM 6605 Chapter 3 Title VII of the Civil Rights Act of 1964
The Civil Rights Act of 1964 came about as a result of racial discrimination supported by ______ _______ laws.
Jim Crow Laws
In mediation, participation is voluntary and agreements reached are binding. True or false?
True
The EEOC prefers alternative dispute resolution (ADR). True or false?
True
What is mediation?
Mediation is an alternative form of dispute resolution that supports negotiations between two disputing parties. An attempt by the EEOC to streamline the case-handling process.
EEOC "referral-back" program
Private sector employment discrimination claims are referred back to employers for mediation by the employer's own mediation program
True or false: States and local governments have passed laws paralleling Title VII and other protective legislation.
True
Why might an employee not pursue a discrimination claim?
-They may not know their rights -They may be afraid or fear retaliation, or feel it's easier moving jobs -They may have valued friendships they want to keep -They may fear the emotional costs of the proceedings, think it takes too long -They may think things will get better -They may not want to put their families at risk
Who is NOT covered by Title VII?
1) Employees of employers having less than 15 employees 2) Employees whose employers are not engaged in interstate commerce 3) Non-U.S. citizens employed outside the U.S. 4) Employees of religious institutions, associations, or corporations hired to perform work connected with carrying on religious activities. 5. Communists 6. Native American employees living in or around Native American reservations.
EEOC's Strategic Enforcement Plan (2013-2016)
1. Eliminating barriers to recruitment and hiring 2. Protecting immigrant, migrant, and other vulnerable workers 3. Addressing emerging and developing issues 4. Enforcing equal pay laws 5. Preserving access to the legal system 6. Preventing harassment through systematic enforcement and targeted outreach
2017-2021 new areas of EEOC interest
1. Protection of Muslim, Sikh, Middle and southeastern Asians and Arabs, or those perceived to be within those groups from increasing backlash and harassment 2. The lack of diversity in technology and the increasing use of data-driven screening tools for recruitment and hiring 3. Combatting persistent pay discrimination 4. New fronter for combatting human trafficking as it relates to race, national origin, and sexual harassment 5. Impact of the use of credit histories on women, minorities, and the disabled as an unlawful employment screening device
How many days does each party have to respond to a letter offering mediation?
10 days - if agreed upon, the negotiated settlement is binding.
Name four of the times that Title VII was amended to further strengthen it.
1972 - Equal Employment Opportunity Act 1978 - Pregnancy Discrimination Act 1991 - Civil Rights Act of 1991 1995 - Congressional Accountability Act
De novo review
A complete reevaluation of hte claim by the reviewing court, via trial of case. EEOC's litigation success rate is 90%.
right to sue letter
A letter that is issued by the EEOC if it chooses not to bring an action against an employer that authorizes a complainant to sue the employer for employment discrimination
Lilly Ledbetter Fair Pay Act
Act that creates a rolling time frame for filing wage discrimination claims and expands plaintiff field beyond employee who was discriminated against.
Congressional Accountability Act
Act that requires that federal employee relations legislation enacted by Congress apply to employees of Congress.
Why do we need a statute of limitations on discrimination claims?
An attempt to ensure that the necessary parties and witnesses are still available and that the events are not too remote to recollect accurately.
What happens if EEOC investigation finds reasonable cause for discrimination?
Attempt to conciliate, in which both parties sit with EEO investigator and discuss findings. The majority of cases are settled at this stage. Otherwise, the EEOC can take the matter into its own hands and file suit against the employer in federal district court.
What types of cases are not offered mediation?
Complex or weak cases
Judicial review
Court review of EEOC's decision in federal district court
Who handles discrimination cases involving most government agencies such as police and fire?
Department of Justice
What is prohibited under Title VII?
Discrimination in hiring, firing, training, promotion, discipline, or other workplace decisions on the basis of an employee or applicant's race, color, gender, national origin, or religion. Included are discrimination in pay, terms and conditions of employment, training, layoffs, and benefits
If a claim of discrimination in a state is not satisfactorily disposed of by the 706 Agency, it may be taken up by the _______ for litigation.
EEOC
If mediation is not successful, the next step is
EEOC investigation
What happens in an EEOC "no reasonable cause" for discrimination finding?
Employee is given a dismissal and notice of rights.... and a "right to sue" letter
EEOC investigator
Employee of the EEOC who reviews Title VII complaints for merit.
Equal Employment Opportunity Commission
Federal agency created to enforce the Civil Rights Act of 1964, which forbids discrimination on the basis of race, creed, national origin, religion, or sex in hiring, promotion, or firing.
Statute of limitations to a discrimination claim with the EEOC?
Nonfederal government employees have 180 days; federal employees have 45 days
Title VII intends conciliation of claims. What does this mean?
Reaching an agreement on a claim through discussion, without resort to litigation.
who enforces executive order 11246 prohibiting employment discrimination by those receiving government contracts?
The Office of Federal Contract Compliance Programs (OFCCP)
Equal Employment Opportunity Act of 1972
Title VII of the 1964 civil rights act was extended to cover federal, state and local public employers and educational institutions by the Equal Employment Opportunity Act of 1972.
Pregnancy Discrimination Act of 1978
Treats discrimination based on pregnancy-related conditions as illegal sex discrimination
Is employment discrimination against undocumented workers illegal?
YES - they will not ask employees their citizenship status in handling discrimination claims... BUT undocumented workers may not be eligible for certain forms of relief, such as reinstatement and backpay.
Is there a minimum number of employees to have in order to comply with Title VII?
Yes, 15 employees
Does CRA coverage include discrimination based on being transgender to gender discrimination?
Yes.
Mandatory Arbitration Agreement
agreement an employee signs as a condition of employment, requiring that workplace disputes be arbitrated rather than litigated...gained tremendous popularity with employers in recent years.
Civil Rights Act of 1991
amended the original civil rights act, making it easier to bring discrimination lawsuits while also limiting punitive damages that can be awarded in those lawsuits
Civil Rights Act of 1964
outlawed discrimination based on race, color, religion, sex, or national origin. Housing, education, employment, public accommodations, and the receipt of federal funds.
Record keeping and reporting requirements
requirement under Title VII that certain documents must be maintained and periodically reported to the EEOC
706 agency
state agency that handles EEOC claims under a work-sharing agreement with the EEOC
Title VII of the CRA of 1964
the employment section of the act: •Provides new rights to women and minorities. •Prohibits dismissal on the basis of discrimination. •Prohibits employers from employing or promoting based on bias. •Prohibits discrimination on the basis of race, color, gender, religion, and national origin.
By law, the EEOC must in some way handle every claim it receives. True or false?
true
Which types of workers are covered by Title VII?
· Public (governmental) and private (nongovernmental) employees alike · All levels and all types of employees
Who must comply with Title VII?
•Private employers with 15 or more employees. •Unions. •Joint labor and management committees making admission, referral, training, and other decisions. •Employment agencies and other similar hiring entities making referrals for employment. •Federal, state, and local governments.