The Civil Rights Act Of 1967 And The Age Discrimination

The last decade has produced an explosion of racial employment discrimination lawsuits. These lawsuits have resulted in record-breaking settlements. By federally mandating every business to review the history, impact and proposed policy of Article VII these lawsuits may subside. Reviewing Title VII is a step corporate America must soon make or continue to loose much needed revenue. Our team will discuss the history of Title VII, the impact of Title VII in the workplace, who is and who is not covered under Title VII as well as propose policies that companies should have in place to avoid Title VII violations.

In a perfect world, there would be no need for laws protecting people from employment discrimination; however, in this often-unjust world, discrimination continues. Hence, federal and state protections exist for certain groups of people sharing common characteristics. Some of these protected classes are race, religion or creed, gender, and disability (EEOC, 2015). In the legal case of Ritter v. Auntie Ruth’s Furry Friends (ARFF), Ritter claimed she became the target of age discrimination after the business was sold to two people under the age of thrty. The following is an overview of the case that highlights how ignorance of or willful disregard of the rights of others can be a costly mistake. While laws are unlikely to change the minds of those who seek to discriminate, those breaking the law must be held accountable.

This case analysis will covers the impact of the McKennon V. Nashville Banner Publishing Co Supreme Court Of The United States Decision in any legal dispute regulated by Age Discrimination In Employment Act of 1967 (ADEA) and others regulation that covers the elimination of discrimination in the workplace, the contribution to payback calculation procedure in this type of legal suit, as well as impact in the workplace environment. The Court held in McKennon established that the employer is

According to The U.S. Equal Employment Opportunity Commission (n.d.), “The Age Discrimination in Employment Act of 1967 (ADEA) protects individuals 40 years of age or older from employment discrimination based on their age and it applies to both job applicants and employees. With regards to condition, any term or privilege of employment, it is against the law under the ADEA to discriminate against a person because of his/her age which includes layoff promotion, compensation, hiring, firing, training, job assignments and benefits. It is also unlawful for an employer to discriminate against anyone for opposing employment practices that discriminate based on age or for filing as age discrimination charge, testifying or participating in an in an investigation proceeding or litigation under the ADEA” (para.1).

The Civil Rights Act of 1964 was known as an end to racial segregation. It was brought about by a number of things including the effects of major events mostly involving riots. State and federal legislation needed it to be passed along with many social movements that influenced its decision. It is no question that it heavily changed America for the better by turning us into a melting pot and making us see that everyone should be treated as equals. It is important to remember that this act was not only beneficial to the time in which it was enacted, but it has affected our future by sustaining society. Today we continue to fight to outlaw discrimination within our nation, and thanks to the passing of this act we are able to be strong and help support the removal of unequal protection for all citizens. The general public has always deserved to be treated with the same rights that every White American is given. This act needed to be passed in order to see the harm we were causing by segregating people. America has grown so much since the act was established, and with it by our sides everyone can be able to have the rights they all truly deserve. Without this act in effect, the impacts on our country would be dire. We needed this act in order to flourish as one nation and continue to build movements against any discrimination.

The United States Supreme Court, as well as federal district and state courts, defines employee rights and an employer’s liability for employment law violations. Treatment on the job, including hiring, firing, and promotions, must be based on qualifications and merit and not on race, gender, age, sexual preference or how one responds to sexual advances. Yet despite these laws and policies, many employees continue to suffer from workplace harassment and employment discrimination.

Through the years, America has made an overall improvement in eliminating discrimination, inequality and slavery and focusing more on inclusion, equal rights, and equal opportunity. Despite a considerable improvement, there are corporations and individuals that often revert to archaic means of treating employees, creating hostile environments. Consequently, different advocacy groups and laws still remain in effect and continue to evolve to protect the citizens and non-citizens of the USA.

As described on Facts About Age Discrimination (2008), the ADEA provides protection against age discrimination for both applicants and employees during the hiring and employment termination process. For employees the ADEA protects against age being a factor in opportunities for promotion, assignment of benefits and selection for layoffs. With few exceptions the ADEA prohibits employers from including age as a criterion when advertising or posting notice for available jobs. The ADEA explicitly protects “whistleblowers” against retaliation as a result of filing an age discrimination

• The Plaintiff made no formal complaint of age discrimination immediately after hearing this comment, (Twomey, 2010, pg 527) The Plaintiff contends that she has direct evidence of the discrimination in the comment made by Anita Benko that she would “probably get a job after plaintiff revealed to Benko her age ( Twomey, 2010, pg 528). The discrimination was blatant in this case. The Age Discrimination in Employment Act prohibits discrimination against an individual over age of 40 with respect to “compensation terms, conditions, or privileges of employment, because of an individuals age.( Twomey, 2010, pg 528)

Alvarez and Moser explore the problem of discrimination in the large company Walmart. Many female employees claim were their discriminated against in the workplace and sued the company for the unfair treatment in salary and promotion. This article shows the information of lawsuit cases for large company. The company had more awareness suing from the employee and needed to prevent it. I will use this source for backing ground for my argument. It shows 500,000 female employees files for the lawsuit in pay and promotions in violation of Title VII of the Civil Rights Act of 1964. This evidence should help me to improve my argument for discrimination in the workplace. Busteed shows that the different performance between female athletes and male athletes after graduating from college. Gallup-Purdue Index, shows that formal female athletes do better perform in their career than male athletes do. This data show how the female athletes participate in work activities and have a great achievement in the workplace and usually have a positive aspect in their sports and life. I will use this source for valid conditions of rebuttal. People might think male students perform better than female, but female are better than male students. Covert explores how women are discriminated against in the workplace. He shows 30 percent of women had the discrimination problem by using a new poll data from the Center for American Press and Elle Magazine. The different pay gap between men and women still

Everyone agrees that workplace discrimination has no place in the modern business world. But not everyone understands the laws that protect employees against discrimination. In this case, what you don’t know can hurt you, especially if an aggrieved employee files a discrimination claim.

The EEOC laws, or Equal Employment Opportunity Commission, are federal laws that enforce employers to not discriminate against applicants of any background. Discrimination by types such as age, disability, equal pay/compensation, genetic information, harassment, national origin, pregnancy, race/color, religion, retaliation, sex, and sexual harassment are all protected under the EEOC laws. It is also illegal for an employer to “discriminate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit.” (EEOC , n.d.) The EEOC laws are to help serve justice and to create an equal work environment for people of any kind. The EEOC wants to accomplish the goal of having every applicant to feel at home without being discriminated against. These laws not only affect an employer hiring an applicant however; it affects them in firing, promoting, harassing, training, wages, and benefits. The EEOC’s role is to help find out if any applicant is being discriminated against and to help

The ADEA is administered by the EEOC, and similar in most respects to the Civil Rights Act. Both disparate treatment and disparate impact charges are possible. The Act protects workers 40 years of age and older. A 45-year-old who applies for a job and is rejected in favor of a younger worker can claim disparate treatment. The employer will then have to show that the younger worker was better qualified or provide some nondiscriminatory reason for its decision. An employer could argue that it paid a newly hired younger worker more than an older current employee because this was necessary to attract the younger worker to the job. In disparate impact cases, employees must show that the entire protected group (workers 40 and older) is affected by the employer’s practice and not just some part of the protected group (workers over 60, for example) (Player, 14).

Under Title VII of the Civil Rights Act of 1964 and the Age Discrimination in Employment Act (“ADEA”) contains the rule based on defense of bona fide occupational qualifications (“BFOQ”). Specifically, under ADEA, employer may not advertise based on age preferences. (Age Discrimination in Employment Act of 1967). Using age range or “young boy,” “young girl,” “college student,” or “recent college graduate,” will likely violate the ADEA. (29 C.F.R. §1625.4(a)). However, employer can use BFOQ as a narrow exception defense (Miller, 2013). For BFOQ defense, the employer must prove that (1) requirement was reasonably necessary to the business; and (2) individualized approach is pointless or impracticable. (W. Air Lines v. Criswell, 1985). Safety can be one of the legitimate reasons for BFOQ defense. (W. Air Lines v. Criswell, 1985).

The Age Discrimination in Employment Act (ADEA) prohibits employers from discriminating on the basis of age. An employee is