Title Vii Essay

2702 words - 11 pages

With the research I have uncovered with the Title VII of the Civil Rights Act of 1964, along with other areas of more extensive discrimination suits that have been filed in the work force has really helped to understand that importance of compliance of the laws that are set in front of you as a manager, supervisor and/or a business owner. With a lot of people turning a blind eye to some of the smallest delegations when it comes to discrimination, that could be their biggest down fall as a business owner, as the smallest mistakes can turn out to be the most costly mistakes. You are going to learn more insight on race discrimination as this has really opened my eyes, with my past work ...view middle of the document...

To prove a Title VII racial discrimination claim, the plaintiff must prove the following elements to make out a prima facie case: (1) she is a member of a protected class; (2) she was qualified for her position; (3) she suffered an adverse employment action; and (4) the adverse action occurred under circumstances giving rise to an inference of discrimination
When an employee’s case is based on the claim that they were terminated based upon a neutral employment policy, to establish a prima facie case of race discrimination the employee must establish that the firing occurred under circumstances giving rise to an inference of discrimination. To establish a prima facie claim of disparate treatment under a facially neutral employment policy, it is necessary for the employee to produce evidence of four elements: (1) she was a member of a protected class; (2) she was qualified for her position; (3) she was discharged; and (4) the termination occurred under circumstances giving rise to an inference of discrimination. 3
Shift Burdening is relevantly known as McDonnell Douglas burden-shifting; refers to the procedure for adjudicating a motion for summary judgment under a Title VII disparate treatment claim, in particular a private, non-class action challenging employment discrimination, and that the action lacks direct evidence of discrimination. The burden of protection then shifts to the defendant employer to clarify the reason for the actions upon the company. Then the plaintiff must demonstrate that the actions were in-line with discrimination. Although the McDonnell Douglas burden-shifting was originally created to assist with claim for alleged discrimination and failure to hire on basis under race. It has been used numerous other times in different cases and claims, to help analyze discrimination under other federal laws prohibiting discrimination.
The basic theories of discrimination fall into three very different categories. They consist of a theory called disparate treatment which will be discussed a little more in depth. Harassment, this is a very common form of discrimination and is usually the most known about theory of discrimination that people in the workplace are familiar with. The last basic theory is the failure to accommodate an individual’s disability. A good company that does a great job in doing this for their employees is Wal-Mart as they are not afraid to hire someone with a handicap or a disability, and give them a job of mean fullness and make them feel like they are an important part of the company. Such as someone who is confined to a wheel chair and they are put in the front of the store to be a greeter, they always have a smile on their face, and love talking to people.
Disparate treatment is an intentional act that discriminates against an individual based on their membership in a group protected by Title VII, the ADEA, or the Rehabilitation Act/ADA, or retaliates against an individual for engaging in...

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