Quiz 40: Equal Employment Opportunity Law
The following federal laws deal with equal rights in employment:
TH and RE were engaged employees of a Company NA. RE filed a complaint against the Company NA alleging gender discrimination, violating title VII of Civil Rights Act, 1964. RE's complaint was notified by Equal Employment Opportunity Commission (EEOC). TH was fired by the company due to his poor performance record. TH raised a complaint on the Company NA saying that he was terminated for retaliation for RE's complaint. Civil Rights Act, 1964: The law states that it prohibits employers from discriminating against employees on sex, race, complexion, nationality, and religion basis. It is an evident that TH argued on the case filed against him there were no proofs put forth by the organization regarding his retaliation. RE's complaint can be considered as a proof stating that the company is following gender discrimination. TH can be protected under the title VII of Civil Rights Act, 1964. As the act states that it not only prohibits third-party retaliation but also supports third-party who stood to sue them. Therefore, TH's complaint can be considered and called back for employment.
Refer to the case EEOC v Dial Corp. to answer question as below: Facts to this case • A company imposed a strength test to choose employees at one of their plants. • The test was supposed to improve the safety and was job related. • Equal Employment Opportunity Commission (EEOC) charged that this had a disparate impact on females as mostly males passed the test. Case Issue The issue is whether the company's test was valid to select new employees. Relevant Terms, Laws, and Cases Equal Employment Opportunity Act (EEOA) - Holds that workers should have equal access to employment despite their race, color, sex, nationality, etc. The EEOC is the agency in charge of enforcing EEOA disputes. Disparate Impact - happens when a neutral selection process used for employment decreases selection of one group. For example, selection of high IQ leads to a green group being chosen more and an orange group chosen less. Title VII Civil Rights Act - Prohibits discrimination in employment due to race, gender, religion. Unnecessary employment test that have disparate impact on a group is prohibited. Opinion The court held that the test was discriminatory. The court noted that, for a test which causes a disparate impact on a group, the company must show that the test is necessary. The court found that: • The selection process was unnecessary to the employment. • Company claimed the test was to decrease injury. • But, results show that injuries decreased before the test was implemented. Thus, the court found that the test was unnecessary and caused sexual discrimination due to disparate impact.