How much regulation is necessary between the employer and the employee?

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Title VII    1

Title VII of The

Civil Rights Act

 

 

 

 

Debbie Blakesley

Employment Law

MGT 434

George Williams

October 22, 2003

Title VII     2

Title VII of the Civil Rights Act

     How much regulation is necessary between the employer and the employee? Laws and regulations are necessary to keep order and stability in the workplace and in society. We do not want the government telling companies how to run their business or how to treat their employees.  We complain about too much governmental control, yet we want the protection that these laws and rules provide. Some forms of regulation are necessary between employer and employee to insure that the employee has equal footing with the employer. Any employer with fifteen or more employees falls under the jurisdiction of the Civil Rights Act of 1866. There have been many additions and revisions of this law including Title VII of the Civil Rights Act of 1964. This law prohibits and employer from discriminating on the basis of “race, color, gender, national origin or religion” (Bennet-Alexander D., 2001 p.62).

     The racial unrest and civil disobedience of the early sixties was an important driver of the debate and eventual passage of Title VII in 1964. There were existing laws addressing the separation of blacks and whites as Congress was trying to move away from the 99-year old post Civil War history  Discrimination was seen in every facet of life including housing, schools, recreational facilities, hospitals, restaurants, parks and public transportation (Bennet-Alexander, D. 2001). Prior to the passage of this law, women and minorities had very little legal recourse when it came to job discrimination. Employer’s   decisions regarding promotion, hiring and firing of employees went unchallenged.  Since the passage of Title VII, the law has been amended and strengthened several times including the Civil Rights Act of 1991. The amendment in 1991, gave employees the right to seek compensatory and punitive damages through a jury trial when their rights were violated.

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Title VII     3

     Title VII applies to all private and public (state and federal) employers. It covers all levels of employees managerial or wage employees. In 1991, United States employees working for American employers outside the US were also covered under the law.

Non-US citizens are covered while working in the United States. There are certain exceptions to Title VII, but they are limited. A business that is on or around a Native American Indian reservation can give “preferential treatment to Native Americans” (Bennet-Alexander, D. 2001 p. 69). Religious organizations are also except from ...

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