An analysis of the relevant statutes, agency decisions and major court opinions of Title VII of the Civil Rights Act of 1964.
Written in 2002; 7,645 words; 9 sources; MLA; $ 167.95
Paper Summary:
This paper examines the Title VII of the Civil Rights Act of 1964 which bars employers from discriminating against employees or prospective employees based on race, color, religion, sex, or national origin. It discusses how enforcement of Title VII has transformed the American labor force into a diverse group that mirrors the multicultural society at large, though not without controversy. It provides some examples of court cases which highlight the inability of some courts to correctly apply the law.
Outline
Introduction
Title VII
Judicial Application
Equal Employment Opportunity Commission
Saucedo vs. Brothers Well Service
Garcia vs. Gloor
Jurado vs. Eleven-Fifty Corporation
Gutierrez vs. Municipal Court of the Southeast Judicial District
Garcia vs. Spun Steak Company
Problems With Garcia vs. Spun Steak
Misapplication of the Law in Garcia vs. Spun Steak
The Spun Steak Court Improperly Rejected EEOC Guidelines
Conclusion
From the Paper:
"The Supreme Court outlined the standards for such a cause of action in McDonnell Douglas v. Green and restated those factors 20 years later in St. Mary's Honor Center v. Hicks. First, a plaintiff must establish a prima facie case of discrimination. Satisfying that requirement is not too difficult. For example, in McDonnell Douglas, the Court held that the plaintiff could meet his burden by showing that he belonged to a group protected under Title VII, that he applied for a job opening with the defendant and was rejected, and that the position remained open after his rejection. "Establishment of the prima facie case in effect creates a presumption that the employer unlawfully discriminated against the employee.""
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