Procedures Under Title VII:
Under Title VII of the Civil Rights act of 1964,
employees in the United States of America are protected from workplace
discrimination based on race, ethnicity, color, religion, or gender. Additionally, Title VII prohibits employment discrimination
based on association with any race, ethnicity, color, religion,
or gender.
In
addition to prohibiting workplace discrimination based on the listed
attributes, Title VII also contains provisions against sexual harassment in the
workplace. Victims of employment discrimination or sexualhHarassment in the workplace may seek relief via legal procedure litigation under Title VII of the Civil Rights act of
1964.
Intentional Discrimination:
Under Title VII of the Civil Rights Act of 1964,
Intentional Discrimination is classified as the obstruction or deliberate
discrimination of a particular group of individuals from equal employment at a
particular position. The charge of Intentional Discrimination is
prohibited in public/private employment for those qualifications not deemed
“mission critical” under the standards set by the Equal Employment
Opportunity Commission.
Intentional Discrimination must present a reasonable
likelihood of targeting a specific group for discrimination by setting an
unfair standard for employment. Standards which inadvertently prohibit an individual’s employment may not
qualify as Intentional Discrimination.
Unintentional Discrimination:
Under Title VII of the Civil Rights act of 1964, the
practices of Employment Discrimination were targeted and countermanded by new
legislation which was overseen by the Equal Employment Opportunity Commission (EEOC). Amongst the practices targeted by the EEOC is the practice of
Unintentional Discrimination. While intentional discrimination blatantly
bars a demographic from equal opportunity for employment, Unintentional
Discrimination involves that which many not appear biased on the surface, but
may still create an unbalanced and unfair work environment.
Race, Color & Nationality:
The Civil rights Act of 1964
prohibits employment discrimination under Title VII. Among the various
forms of employment discrimination targeted in Title VII of the Act is the prohibition of employment discrimination based on Race, Color and
Nationality. Discrimination in the workplace or hiring process based on
Race, Color and Nationality is regulated and targeted by the EEOC, which seeks to review complaints of subsequently related discrimination
and evaluate/direct them to the appropriate judicial authority.
Religion:
Title VII of the Civil Rights Act of 1964 targets the practice of employment discrimination based on
many discernible qualities including religion. A person’s religion is
his or her declared or practiced spiritual faith or heritage. Title VII makes
it illegal for an employer to involve religion in the workplace or application
process in any way, as this may be a factor which unfairly influences a
prospective employee’s eligibility or treatment in the workplace.
Gender:
Under Title VII of the Civil Rights Act of 1964, it is
illegal to discriminate in the workplace or hiring process against candidates
based on gender. Sex discrimination may involve the barring of certain
individuals from candidacy based on their respective gender. Sex
discrimination may also involve the mistreatment or harassment of individuals
in the workplace based on gender. It is important to distinguish between
Sex Discrimination Harassment and Sexual Harassment in the workplace – both are
different charges with different consequences and causes of action.
Constructive Discharge:
The term Constructive Discharge is stipulated in the Civil Rights Act of 1964 under Title VII, which targets and regulates practices of employment
discrimination. Constructive Discharge occurs when an employer makes a working
environment intolerable and often forces an employee to quit. There are many
factors which may make a breach of employment eligible to be considered as
Constructive Discharge, though most cases include a degree of harassment on the
employer’s behalf.
