Chapter 3: Title VII of the Civil Rights Act of 1964

Who is covered under Title VII?

-Public (government) -Private (nongovernmental) -US citizens employed by American employers outside the US -Non-US citizens who are working IN the US.

2013-2016 Strategic Enforcement Plan

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 legal system 6) preventing harassment through systemic enforcement and target outreach

Patterson vs McLean Credit Union

Overturned Patterson's holding that section 1981 does not permit actions for racial discrimination during the perform act of the contract.

Respondent or Responding Party

Person alleged to have violated Title VII, usually the employer. Within 10 days of the employee filing a claim with the EEOC, the EEOC serves notice of the charge to the employer.

Record Keeping and Reporting Requirements

Requirements under Title VII that certain documents must be maintained and periodically reported to the EEOC

Section 1981 of Civil Rights Act

Section 1981 prohibits not only discrimination in the formation of contracts but also in all aspects of the contractual relationship between the parties.

706 Agency

States own local enforcement agency for employment discrimination claims, state agency that handles EEOC claims under a work-shorting agreement with the EEOC

Who must comply to Title VII?

Applies to all firms or their agents engaged in an industry affecting commerce that employ 15 or more employees for each working day in each of 20 or more weeks in the current preceding calendar year.

EEOC

Equal Employment Opportunity Commission - leading agency to handle issues with job discrimination

Jim Crow Laws

a system of racial segregation practiced virtually everywhere in the US. System was enforced through law, ironclad social custom, and violence.

Mandatory Arbitration Agreement

agreement an employee signs as a condition of employment requiring that workplace disputes to be arbitrated rather than litigated.

Conciliation

attempting to reach agreement on a claim through discussion without resort to litigation

Reasonable Cause and No Reason Cause

- EEOC finding that Title VII was violated - No reasonable basis to believe Title VII was violated

Who is not covered under Title VII?

- Members of the Communist Party - Religious institutions can discriminate in their religious activities - sexual orientation and transgenders.

Civil Rights Act of 1991 strengthened Title VII

- unlimited medical expenses - codified the disparate impact theory - established a glass ceiling commission - extended coverage and established procedures for senate employees - jury trials

1978 Amendment of Title VII

Added discrimination on basis of pregnancy as a type of gender discrimination

EEOC Investigator

employee of the EEOC who reviews Title VII complaints for merit

Office of Federal Contract Compliance Programs

enforces Executive Order 11246 prohibiting employment discrimination by those receiving government contracts and imposing affirmative action under certain circumstances

1972 Amendment of Title VII

expanded Title VII's coverage to include government employees and strengthen the enforcement powers

Right to sue

letter given by the EEOC to claimants, notifying them the EEOC's no-cause finding and informing them of their right to pursue their claim in court

Civil Rights Act of 1964

prohibit discrimination in education, employment, public accommodations, and the receipt of federal funds on the basis of race, color, gender, nation origin, and religion.

What is prohibited under Title VII?

prohibits discrimination in hiring, firing, training, promotion, disciple, or other workplace decisions on the basis of an employee or applicants race, color, gender, national origin, or religion

706 Agency reporting time frame

the employee has 300 days to file a complaint, and the 706 agency investigates for 60 days.

Claimant or Charging Party

the person who brings an action alleging violation of Title VII

Sharecropping

white owners of property would hire blacks to work in return for a share to the proceeds from the crop, many times landowners would cheat the black workers out of their share.