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The Civil Rights Act of 1964 is a landmark civil rights and labor law in the United States that outlaws discrimination based on race, color, religion, sex, and national origin. It prohibits unequal application of voter registration requirements, racial segregation in schools and public accommodations, and employment discrimination. The act "remains one of the most significant legislative achievements in American history".
The Civil Rights Act of 1991 is a United States labor law, passed in response to United States Supreme Court decisions that limited the rights of employees who had sued their employers for discrimination. The Act represented the first effort since the passage of the Civil Rights Act of 1964 to modify some of the basic procedural and substantive rights provided by federal law in employment discrimination cases. It provided the right to trial by jury on discrimination claims and introduced the possibility of emotional distress damages and limited the amount that a jury could award. It added provisions to Title VII of the Civil Rights Act of 1964 protections expanding the rights of women to sue and collect compensatory and punitive damages for sexual discrimination or harassment.
Griggs v. Duke Power Co., 401 U.S. 424 (1971), was a court case argued before the Supreme Court of the United States on December 14, 1970. It concerned employment discrimination and the disparate impact theory, and was decided on March 8, 1971. It is generally considered the first case of its type.
Lau v. Nichols, 414 U.S. 563 (1974), was a United States Supreme Court case in which the Court unanimously decided that the lack of supplemental language instruction in public school for students with limited English proficiency violated the Civil Rights Act of 1964. The court held that since non-English speakers were denied a meaningful education, the disparate impact caused by the school policy violated Title VI of the Civil Rights Act of 1964 and the school district was demanded to provide students with "appropriate relief".
A large body of research indicates that IQ and similar measures vary between individuals and between certain groups, and that they correlate with socially important outcomes such as educational achievement, employment, crime, poverty and socioeconomic status.
Washington v. Davis, 426 U.S. 229 (1976), was a United States Supreme Court case that established that laws that have a racially discriminatory effect but were not adopted to advance a racially discriminatory purpose are valid under the U.S. Constitution.
Disparate impact in the law of the United States refers to practices in employment, housing, and other areas that adversely affect one group of people of a protected characteristic more than another, even though rules applied by employers or landlords are formally neutral. Although the protected classes vary by statute, most federal civil rights laws consider race, color, religion, national origin, and sex to be protected characteristics, and some laws include disability status and other traits as well.
Employment discrimination law in the United States derives from the common law, and is codified in numerous state, federal, and local laws. These laws prohibit discrimination based on certain characteristics or "protected categories." The United States Constitution also prohibits discrimination by federal and state governments against their public employees. Discrimination in the private sector is not directly constrained by the Constitution, but has become subject to a growing body of federal and state law, including the Title VII of the Civil Rights Act of 1964. Federal law prohibits discrimination in a number of areas, including recruiting, hiring, job evaluations, promotion policies, training, compensation and disciplinary action. State laws often extend protection to additional categories or employers.
Wards Cove Packing Co. v. Atonio, 490 U.S. 642 (1989), was a court case concerning employment discrimination, argued before the United States Supreme Court on January 18, 1989, and decided on June 5, 1989.
United Steelworkers of America v. Weber, 443 U.S. 193 (1979), was a case regarding affirmative action in which the United States Supreme Court held that Title VII of the Civil Rights Act of 1964, which prohibits racial discrimination by private employers, does not condemn all private, voluntary, race-conscious affirmative action plans. The Court's decision reversed lower courts' rulings in favor of Brian Weber whose lawsuit beginning in 1974 challenged his employer's hiring practices.
McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973), is a US employment law case by the United States Supreme Court regarding the burdens and nature of proof in proving a Title VII case and the order in which plaintiffs and defendants present proof. It was the seminal case in the McDonnell Douglas burden-shifting framework.
Ricci v. DeStefano, 557 U.S. 557 (2009), is a United States labor law case of the United States Supreme Court on unlawful discrimination through disparate impact under the Civil Rights Act of 1964.
Watson v. Fort Worth Bank & Trust, 487 U.S. 977 (1988), is a United States Supreme Court case on United States labor law, concerning proof of disparate treatment under the Civil Rights Act of 1964.
Disparate treatment is one kind of unlawful discrimination in US labor law. In the United States, it means unequal behavior toward someone because of a protected characteristic under Title VII of the United States Civil Rights Act. This contrasts with disparate impact, where an employer applies a neutral rule that treats everyone equally in form, but has a disadvantageous effect on some people of a protected characteristic compared to others.
Employment discrimination against persons with criminal records in the United States has been illegal since enactment of the Civil Rights Act of 1964. Employers retain the right to lawfully consider an applicant's or employee's criminal conviction(s) for employment purposes e.g., hiring, retention, promotion, benefits, and delegated duties.
The Paycheck Fairness Act is a proposed United States labor law that would add procedural protections to the Equal Pay Act of 1963 and the Fair Labor Standards Act as part of an effort to address the gender pay gap in the United States. A Census Bureau report published in 2008 stated that women's median annual earnings were 77.5% of men's earnings. Recently this has narrowed, as by 2018, this was estimated to have decreased to women earning 80-85% of men's earnings. One study suggests that when the data is controlled for certain variables, the residual gap is around 5-7%; the same study concludes that the residual is because "hours of work in many occupations are worth more when given at particular moments and when the hours are more continuous. That is, in many occupations, earnings have a nonlinear relationship with respect to hours."
Hazelwood School District v. United States, 433 U.S. 299 (1977), was a court case argued before the United States Supreme Court on April 27, 1977. It concerned employment discrimination and was decided on June 27, 1977.
Corporation of Presiding Bishop v. Amos, 483 U.S. 327 (1987), is a United States Supreme Court case in which the court decided that the exemption of religious organizations from the prohibition of religious discrimination in employment in Title VII of the Civil Rights Act is constitutional. Appellee Arthur Frank Mayson worked for 16 years in an organization operated by the Church of Jesus Christ of Latter-day Saints. He was terminated from employment when he "failed to qualify for a temple recommend, that is, a certificate that he is a member of the Church and eligible to attend its temples." He filed suit in district court, arguing that his firing violated discrimination on the basis of religion in Title VII of the Civil Rights Act. The district court agreed. The case was appealed directly to the Supreme Court. The Supreme Court reversed, holding that Title VII's exemption of religious organizations from the prohibition on religious discrimination, even in secular activities, did not violate the First Amendment.
Bostock v. Clayton County, 590 U.S. ___ (2020), is a landmark United States Supreme Court civil rights case in which the Court held that Title VII of the Civil Rights Act of 1964 protects employees against discrimination because they are gay or transgender.
Smith v. City of Jackson, 544 U.S. 228 (2005), was a case decided by the Supreme Court of the United States on March 30, 2005. It concerned the Age Discrimination in Employment Act of 1967 (ADEA) and the disparate impact theory. The Court held that although the theory of disparate impact set forth in Griggs v. Duke Power Co., 401 U.S. 424 (1971) is also applicable under the ADEA, the ADEA is narrower as it permits “otherwise prohibited” actions “where the differentiation is based on reasonable factors other than age.”
References
- ↑ Cascio, W. F., & Aguinis, H. (2010). Applied Psychology in Human Resource Management, Prentice Hall
- ↑ Anon., Business Necessity under Title VII of the Civil Rights Act of 1964: A No-Alternative Approach, Yale Law Journal , November 1974, accessed 18 August 2023
- ↑ U.S. Government Publishing Office, Civil Rights Act of 1991, section 3(2), accessed 18 August 2023
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