Employment Laws

EMPLOYMENT LAWS

Title VII of The Civil Rights Act of 1964

This Act was landmark legislation in creating the Equal Employment Opportunity Commission , in eliminating race segregation and discrimination based on sex . The principle of promotion from within is invoked in equity since employers had already taken advantage of incumbent minority and female employees by using them in segregated jobs and often in depressed pay rates (Blumrosen 74 . The following outlines the pertinent provisions of the Act

DEFINITIONS

Sec . 701 provides the definitions for the purposes of title VII

including terms like : a person employer , subject to exceptions like the (1 ) the United States , a corporation wholly owned by the Government of the United States , an Indian tribe , or a State or political subdivision thereof (2 ) a bona fide private membership club other than a labor organization which is exempt from taxation under section 501 (c ) of the Internal Revenue Code of 1954 employment agency (except and agency of the United States labor organization (as well as its representational functions employee commerce industry affecting commerce and State On the other hand , Sec . 702 defines where Title VII is not applicable These exemptions are in relation to , the employment of aliens outside any State , or to a religious corporation .or to an educational institution ' for work connected with their activities

RACE , COLOR , RELIGION , SEX , OR NATIONAL ORIGIN DISCRIMINATION

SEC . 703 indicates the most controversial provisions in the Act on unlawful employment practices , namely : failure or refusal to hire an individual , limitation or segregation of employers , employment agencies labor organizations and joint-labor management apprenticeship committees on the basis of race , color , religion , sex , or national origin

However , there are exceptions to this rule which refer to those classifications . These exceptions include : instances where religion sex , or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of that particular business or enterprise ' a particular religion owns the educational institution and the curriculum is towards the propagation of a particular religion Another point is that it shall not include actions by employers .with respect to an individual who is a member of the Communist Party of the United States . pursuant to the Subversive Activities Control Act of 1950 , and subject to the .interest of the national security ' Sex based differentiation , if authorized by the provisions of section 6 (d ) of the Fair Labor Standards Act of 1938 , as amended (29 U .S .C . 206 (d ) is also not unlawful according to this provision . This provision is also inapplicable to preferential treatment of Indians living on a reservation and any imbalance with respect to the number or percentage of persons of any race , color , religion , sex , or national origin employed by any employer

OTHER UNLAWFUL EMPLOYMENT PRACTICES

SEC . 704 . also prohibits discrimination based on opposition of an employee of the unlawful practices under Title VII so that employers shall not retaliate unjustly . Another prohibition is on publication of employment referrals based on the above classifications , except when covered by...