VIEWS: 49 PAGES: 2 CATEGORY: Employment and Contractors POSTED ON: 1/8/2013
Title VII of the Civil Rights Act of 1964, as amended, prohibits terminating an employee or refusing to hire an applicant for a reason which amounts to discrimination because of race, color, sex, religion or national origin. This Act only covers employers with 15 or more employees. Title VII applies to virtually every employment practice, from the application procedures for hiring to compensation, training, other terms and conditions of employment, and discharge. The Act prohibits disparate treatment which is treating one employee less favorably than another because of race, sex, etc. The Act also prohibits disparate impact situations. This would be an employment practice which was neutral on its face (e.g., height requirement), but had a disparate impact on a protected class (e.g., women). Such policies must be justified by a bona fide job necessity. Race: Discrimination because of a person's race is prohibited by Title VII. Race applies to all members of four racial groups: black, white, Native American, and Asian-Pacific. Religion: Title VII prohibits discrimination against persons on the basis of their religion or religious beliefs. Employers must try to accommodate (within reason) the religious beliefs and practices of employees and applicants for employment. Sex: It is a violation of Title VII for employers to discriminate against employees on the basis of their sex. The courts have held that the word sex means gender, not sexual orientation. Sexual Harassment: Quid pro quo sexual harassment involves supervisory personnel seeking sexual favors from employees under them in return for job benefits such as continued employment, promotions, raises, or a favorable performance evaluation. In such a case, when a supervisor's actions affect job benefits, Title VII's prohibition against sex discrimination comes into play, and the employer is liable under this Act. A second form of sexual harassment is the so-called hostile working environment harassment.
Equal Employment Opportunity Statement for Personnel or Employee Manual or Handbook Along with Complaint Procedure for Allegations of Sexual Harassment Company provides equal employment opportunities to all employees and applicants for employment without regard to race, color, religion, sex, national origin, age, disability, or military status in accordance with applicable federal laws. In addition, Company complies with applicable state and local laws governing nondiscrimination in employment in every location in which Company has facilities. This policy applies to all terms and conditions of employment, including but not limited to, hiring, placement, promotion, termination, layoff, recall, and transfer, leaves of absence, compensation, and training. Company expressly prohibits any form of unlawful employee harassment based on race, color, religion, sex, national origin, age, disability, military status or status in any group protected by state or local law. With respect to sexual harassment, Company prohibits the following: Unwelcome sexual advances; requests for sexual favors; and all other verbal or physical conduct of a sexual or otherwise offensive nature, especially where: (i) submission to such conduct is made either explicitly or implicitly a term or condition of employment; (ii) submission to or rejection of such conduct is used as the basis for decisions affecting an individual's employment; or (iii) such conduct has the purpose or effect of creating an intimidating, hostile, or offensive working environment. Offensive comments, jokes, innuendos, and other sexually o
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