BFOQ Arguments In Hiring Practices

These court case rulings marked a way we think about civil rights enforcement under our Constitution. Title II goes to show that any racial discrimination, even private racial discrimination, affects interstate commerce.

In the Ricci v. DeStefano case, Ricci a white male filed a disparate impact lawsuit under the Title VII. Ricci past the test that was given to be promoted within the fire department. Ricci was one of many (white) candidates to passed the test. The testing service hired to administer the test discarded all test because many minorities did not pass. Dothard case would fall under the disparate impact provision because unless the weight testing requirements are revised to be fair to all regardless of gender, more men will continue to outperform women.

In this case questioning workplace harassment in terms of sexual discrimination and its prevalence to Title VII of the Civil Rights Act of 1964, Joseph Oncale v. Sundowner Offshore Services distinguishes whether or not discrimination can occur within the same sex.

“A series of legislative initiatives and decisions made by the Supreme Court of the United States defined the possibilities of affirmative action policy” (Finkelman, 2004). Affirmative action is such a controversial topic which has been brought up in many Supreme Court cases. In Griggs v. Duke Power case in 1971, the court argued “Title VII” bans “not only overt discrimination but also practices which are fair in form but discriminatory in operation.” (Finkelman, 2004). To eliminate discrimination processes under Title VII, all employers began to hire and recruit more minorities. The Equal Opportunity Act of 1972 expanded Title VII protections to colleges and universities, applying affirmative action to educational

Title IX allows women to access a better career education by not limiting subjects such as math, technology, engineering, and science to men (Musil). In the seventies’, women were not allowed to go to college and study the topics men had the privilege to study. Many took low paying jobs and studied jobs such as cosmetology and home economics (“Career”). Title Ix allowed women to study to be anything from a teacher, to a biochemical engineer which was not allowed in the past because they were women (Musil).

In today’s day and age, discrimination is a hypersensitive topic in general. Appreciatively, there are laws defined to help control discrimination and give all applicants equal opportunities to be considered for the job they are applying. Additionally, those same laws apply once a company employs an applicant such as the case of Smith and Convery versus Hooters of Americas, Inc.

______________________’s Non-Harassment and Workplace Violence policy bans any conduct based on sex. This includes directed toward an individual of the opposite or same sex regardless if it surges to the level of legal violation.

Title VII is the federal law forbidding employers from discerning against workers from their personal characteristics such as race, sex, and religion or for opposing other actions of the employer or fellow colleagues that violate its provisions . For a retaliation case to be successful, there are three conditions that the retaliation claim must satisfy.

The word “equality” represents having the same measure, quantity, or amount as another that is identical in value. In the United States, gender equality and equal pay are substantial controversies that affect women and their lives. Wage inequalities do not only affect women while they are employed, they “...follow women into their retirement years, reducing their Social Security benefits, pensions, savings and other financial resources” (Women Deserve Equal Pay), that essentially affects the entirety of their lives. It is often perceived that women cannot achieve the same success in the workplace as men, and therefore should have less rights. The United States government should induct a law directed to gender equality due to the fact that it

“The civil rights act of 1964, prohibits discrimination in public accommodations, in programs receiving federal funds, and in employment; established the EEOC to enforce its provisions” (Harrison, 2017, p. 293).

The literal definition of racial profiling is the process of using race or ethnicity as grounds for suspecting someone of having committed an offense. From the 1700’s to today, racial profiling has developed into a significant social issue in America. Racial profiling became more prominent in America after the 9/11 attack. In Keith Rushing’s blog, titled “Dissecting the Long, Deep Roots of Racial Profiling in America,” he states that “After 9/11, people who are Arab, Muslim and South Asian have found themselves routinely being singled out for secondary searches and interrogations when crossing international borders and entering and exiting

Issues that are prevalent through out many sport organizations is the lack of diversity and potential opportunities for discrimination. Often times intertwined with one another, there is a need to understand why this is occurring and how myself along with other practitioners of sport can make strides in combating against these issues. Although not dependent on one another, they are both equally worthy of discussion. In respect to human resource management, diversity and discrimination are two topics that can not be avoided when creating policies, hiring practices or rules and regulations for workplace environments. This paper will discuss the backgrounds of each topic and how they are both portrayed and represented in sport organizations.

The Pregnancy Discrimination Act (PDA) of 1978 amended Title VII of the Civil Rights Act of 1964 to clarify that sex discrimination by employers includes pregnancy. Pregnancy discrimination means that employers treat a female who is pregnant or planning to be pregnant negatively. The Pregnancy Discrimination Act prohibits discrimination based on pregnancy when it comes to all aspects of employment, which includes pay, hiring, firing, training, benefits promotions and work assignments. Pregnancy Discrimination Act also covers pregnancy-based

Employment discrimination is defined by acts that harm or disadvantage employees based on assumptions and stereotypes of their gender, race, ethnicity, sexual orientation, religion, and age. In 2014, approximately 3% of Canada’s population self-identified as being part of the LGBT community, and the LGBT community experiences more discriminatory acts than the bigger heterosexual group. Sexual minorities are also reported to have higher rates or risks for mental health issues such as, anxiety, depression, and self-harm.

Harassment can include “sexual harassment” or unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature. Harassment does not have to be of a sexual nature, however, and can include offensive remarks about a person’s sex. For example, it is illegal to harass a woman by making offensive comments about women in general. Both victim and the harasser can be either a woman or a man, and the victim and harasser can be the same sex. Although the law doesn’t prohibit simple teasing, offhand comments, or isolated incidents that are not very serious, harassment is illegal when it is so frequent or severe that it creates a hostile or offensive work environment or when it results in an adverse employment decision (such as the victim being fired or