Title VII of the Civil Rights Act of 1964 Chapter 3

Title 7

(a) It shall be an unlawful employment practice for an employer— (1) to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual's race, color, religion, sex, or national origin; or (2) to limit, segregate, or classify his employees or applicants for employment in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his status as an employee, because of such individual's race, color, religion, sex, or national origin.

Mandatory Arbitration Agreements

- A provision in an employment contract that requires that all disputes between an employer and an employee shall be resolved thru binding arbitration rather than filing a claim with the EEOC or a court.

Reconstruction Civil Rights Act 1983

Every person who, acting under the color of state law, subjects any citizen of the UDS, or other person within the US, to be deprived of any rights or privileges secured by the constitution, shall be liable to the party injured.

The Federal Arbitration Act

-Provides that the arbitrator's decision is not subject to judicial review unless decision was result of a party's fraud, the arbitrator engaged in collusion with one of the parties, the contract is unconscionable or other misconduct by the arbitrator.

Equal Employment Opportunity Commission (EEOC)

The federal agency responsible for enforcing federal employment discrimination statues.

Title 5

This title expanded the Civil Rights Commission that was created by the Civil Rights Act of 1957 with additional powers, rules and procedures

Title 4

This title is the desegregation of public schools

Title 3

This title prohibits discrimination by state and local governments with regard to access to public facilities.

Title 2

This title prohibits discrimination in hotels, motels, restaurants, theaters, and all other public accommodations engaged in or effecting interstate commerce.

Title 1

This title prohibits unequal application of voter registration requirements.

-All private employers with 15 or more employees -Unions - Joint labor and management committees making admission, referral, training, and other decisions -Employment agencies -Federal, state, and local governments

Title 7 applies to:

D

As per the Lilly Ledbetter Fair Pay Act of 2009: A. employees must pay a filing fee when they file a complaint with the EEOC. B. the EEOC is prohibited from pursuing victim-specific relief such as back pay and reinstatement as part of an enforcement action. C. employers are required to pay compensatory damages to employees if they are discriminated based on their performance. D. the 180-day SOL with regard to wage discrimination begins to run all over again each time a paycheck is issued based on pay discrimination.

C

If the parties involved in an employment discrimination case choose not to mediate the charge, or if the mediation is not successful, the EEOC : A. refers the case to the Dept. of Justice. B. mandates the employer to pay compensatory damages to the employee. C. investigates the complaint by talking with the parties and other witnesses. D. issues a right-to-sue letter to the employer

Title 6

This title prevents discrimination by government agencies that receive federal funds.

Civil Rights Act of 1964

A landmark piece of civil rights legislation that prohibits discrimination on the basis of race, color, religion, gender or national origin with regard to a wide range matters.

Reconstruction Civil Rights Act 1981

All persons within the US shall have the same right in every state to make and enforce contracts, enjoyed by white citizens.

False

True or False: A person can file a discrimination lawsuit in court against his or her employer without going through the Equal Employment Opportunity Commission's administrative process.

True

True or False: Employees bringing workplace discrimination claims under the post-Civil War statutes do not file claims under the EEOC and instead must go to an attorney.

False

True or False: U.S. citizens employed outside the United States by foreign employers are protected against workplace discrimination by Title VII of the Civil Rights Act of 1964.

Hiring and firing, promotion, training, discipline, compensation and benefits, classification

What is prohibited in Title 7?

B

Which of the following is true of Title VII of the Civil Rights Act of 1964? A. It does not cover managerial employees ad supervisors B. It does not cover non-U.S. citizens working outside the United States. C. It does not allow religious institutions and associations to discriminate when performing their activities. D. It does not cover non-U.S. citizens working in the United States.

-All public sector (government) and private sector (non-government) employees and applicants who are members of a protected class. -Illegal aliens :US supreme court No but EEOC says yes

Who is covered in Title 7?

-Employees of private employers with fewer than 15 employees. - Non-U.S. citizens employed outside the U.S. - Religious institutions with regard to their religious activities - Employers located near Native American reservations may give preference to hiring Native Americans. - Members of the communist party

Who is not covered in Title 7?

B

Winston owns and operates a Bed & Breakfast Inn near the Lumbee Indian reservation. He favors Lumbee Indians when hiring for job positions at the Inn. Winston's hiring practices: A. violate Title VII of the Civil Rights Act as it prohibits employment discrimination based on race. B. do not violate Title VII of the Civil Rights Act because it allows for such preferential treatment. C. do not violate Title VII of the Civil Rights Act because his employees are all at-will employees. D. violate Title VII of the Civil Rights Act because such practices are against the BFOQ defense.