Thursday, September 12, 2019
Racial Discrimination Research Paper Example | Topics and Well Written Essays - 2000 words
Racial Discrimination - Research Paper Example The enforcement of laws under Title VII is done by The Equal Employment Opportunity Commission (EEOC) and does not protect age discrimination or disability discrimination that are dealt by the Age Discrimination in Employment Act and the Americans with Disabilities Act. Employers under the jurisdiction of Title VII include private sector companies whose commercial operations affect Ã¢â¬Å"interstate commerceÃ¢â¬ and who employ 15 or more employees, Federal, state, and local government employers, Unions, Employment agencies (making hiring referrals). The law permits discrimination on religion, sex, and national origin if there is a bona fide occupational qualification (BFOQ) rationally essential for standard business operations. Organizations that are exempted from Title VII prohibitions and protections are religious organizations, scholastic institutions, or societies, employing persons of a particular religion; bona fide, tax-exempt private clubs; contracts that contain a Bona fi de occupational qualification necessary to perform the job; and aliens employed outside the United States. It is important to note that Title VII does not prohibit all discrimination. Employers are open to study factors such as experience; job knowledge, personality characteristics, provided those factors are interconnected to the job in question. Title VII remedies include reinstatement, back pay, damages and attorney's fees (Feldman, Fox & Morgado, PA). Backpay and similar retrospective support, presented to recipients of employer discrimination, is proposed to reimburse individuals for monetary losses straightforwardly traceable to discriminatory practices. Front pay is remuneration granted for lost compensation (opportunity cost) during the period between judgment and reinstatement. Similar to back pay, front pay fundamentally is the counterpart of lost incomes. A principal petitioner can recover attorney fees under Title VII, the Age Discrimination in Employment Act (ADEA), and the Americans with Disabilities Act (ADA). Furthermore, main parties recover "costs" which include filing fees, transcripts, and other entries. Punitive damages exist in cases result from under Title VII (discrimination because of race, sex, national origin, and religion) and the Americans with Disabilities Act (ADA), but not the Age Discrimination in Employment Act (ADEA). These damages are created to reprimand past misconducts and discourage future wrongdoings, and the plaintiff must demonstrate that the employer acted with "malice" or in irresponsible neglect for federally protected legal rights. Elements necessary to establish a prima facie case of employment discrimination? The plaintiff must initially present a prima facie case of discrimination. A prima facie case is that minimum amount of evidence required to claim a legitimate question of discrimination (Air Force Alternative Dispute Resolution Program).