Civil Rights Act of Sex 1964
Civil Rights Act of Sex 1964
“Gender discrimination comes in a variety of forms and disguises,” states Levy (p. 115). Although, laws are in place to help advance the in equitability of women in the workforce, there remains a diplomatic urge for women to stand up for their rights. After decades of discrimination, women’s fortification falls under a number of equal rights laws. These laws include “Title VII of the Civil Rights Act of 1964, the Equal Pay Act, and the Family and Medical Leave Act (FLMA)” (Levy, n.d, p 115).
The Title VII of Civil Rights Act of 1964 “prohibits discrimination on the basis of sex” (Levy, p. 117). However, upon the introduction of the Civil Rights Act of 1964, the exclusion against sex discrimination was not included. Thus, “a southern legislator attempted to defeat the act by proposing an amendment that would add sex discrimination to the original list of Title VII classifications (race, color, religion, national origin),” states Levy (n.d, p. 117). Therefore, in 1978, Congress amended the Title VII with the inclusion of pregnancy as a type of sex discrimination.
In order to file a claim under the Title VII, “an individual must first file a complaint or claim with the Equal Employment Opportunity Commission” (Levy, n.d, p. 117). However, the reporting period is very short and strict. Therefore, an individual should act promptly to any potential sex discrimination suit. However, some sexual discrimination aggregate in the direction of gender discrimination.
Hence, gender discrimination concerns continue to evolve from the “Men Only Need Apply” status, to a more compelled discriminating behavior; therefore, the courts have advanced into different types of claims that are allowed under Title VII (Levy, n.d, p. 118). The complexity ranges from “refusing to hire or promote women, to using stereotypical thinking to exclude women from positions of authority, to making the workplace unconducive to women’s success,” exclaims Levy (n.d, p. 118).
Deliberate discrimination is simply distinguished through an employer’s statement that women cannot do certain jobs because of their gender. This action is called Express Disparate Treatment (Levy, n.d, p. 118). However, Title VII does allow such cases if there is “a bona fide occupational qualification” (Levy, n.d, p. 118). The “bona fide occupational qualification rule allows or the hiring of individuals based on race, sex, age, and national origin if these characteristics are bona fide occupational qualifications,” (US Legal). Therefore, the bona fide occupational qualifications are allowed as a defense if the employer can prove that no women can do the job.
Today, sexual/gender discrimination can be subtly hidden under glamor words like, “We found someone who is more qualified,” or “you did not have the managerial skills we were looking for,” and is called Implied Disparate Treatment (Levy. n.d, p. 120). Therefore, the evidence is in the influences of an employer and most often, hard to prove. Nonetheless, the courts created a term “prima facie” which list the required evidence that raises an “interference of discrimination” and allows a lawsuit to proceed without direct evidence of intentional illegal behavior” (Levy, n.d, p. 120).
Sexual Harassment under Title VII is the most misunderstood discrimination claim, states Levy (n.d, p. 125). Therefore, sexual harassment laws are observed in two categories, quid pro quo, and hostile environment. The quid pro quo means “something for something” demands made of an employee by someone with power or authority to hire, fire, promote, or cause adverse employment decisions Levy (n.d, p. 125). This undeniable sexual harassment is problematic and generally involves a person of higher authority by making it difficult for the sexually harassed victim(s) to raise such an issue.
Quid pro quo harassment is especially challenging for employers because, the employer will remain accountable to the affected employee, even if there is a crafted policy procedure in place to help resolve such issues Levy (n.d, p. 125). These liability cases arbitrarily fall under the employer’s jurisdiction due to the fact; they were the ones who ultimately chose the person for the position of authority. In turn, many companies have deep-rooted policy statements to include “any relationships between superiors and subordinates a violation of company policy” Levy (n.d, p. 126).
Sexual harassment is not instigated by just superiors, but can include a group of employees creating an atmosphere denying, “One gender equal employment opportunities” Levy (n.d, p. 126). Reasonably, an employee can report a hostile work environment even when the harassment has not directly influenced the employee. As such, if the harassing tendencies infiltrate an employee’s work environment, the employee can report such incidents. A Hostile Work Environment sexual harassment befalls when an employee becomes the subject to unwelcome advances, sexual overtones, or offensive gender-related language that is severe from the perspective of a person of the same gender as the offended employee. This type of harassment must alter the conditions of the offended employee’s employment and create an abusive environment.
Under the “Equal Pay Act requires that no employer shall discriminate on the basis of sex by pay wages to employees of one sex at a rate less than the rate at which it pays wages to employees of the opposite sex for equal work on jobs requiring equal skill,” states Levy. (n.d, p. 130). Consequently, there are four provisions to the Equal Pay Act, and they include:
(1) seniority (2) a merit system; (3) a system that pays a worker based on quantity or quality of what he or she produces; (4) where pay differences are based on any other factor other than a worker’s gender
Therefore, any employer who is pays wages on a differential rate in violation of this subsection shall not, reduce the wage rate of any employee in order to comply with the provisions of this subsection.
The Family Medical Leave Act (FMLA) was passed in 1993, entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance coverage under the same terms, and conditions as if the employee had not taken leave (Levy, n.d, p. 131). It entitles eligible employees to twelve workweeks of leave in one calendar year for the birth of a child or to adopt to care and to care for the newborn child. Under this Act, eligible employees are entitled to medical leave for the birth or adoption of a child, or the care for the newly placed child within the first year. An eligible employee can also take medical leave to care for their spouse, child, or parent who has a serious health condition. Under which circumstance, the employer is prohibited from terminating the employee and the continuation of health benefits. Therefore, upon the employees return to the workforce, the employee must be offered their old position or an equivalent position (Levy, n.d, p. 131).
The most prevalent reason for women not voice their grievances against harassment are primarily due to fear of retaliation. As such, women have found themselves demoted, fired, and/or their work reviews plummet from exemplary to unacceptable. Concluding, “Sexual harassment, gender stereotyping, un equal pay, and unequal opportunity will not disappear on their own,” states Levy (n.d, p. 132). However, the Title VII of Civil Rights Act of 1964, Equal Pay Act, and Family and Medical Leave Act (FLMA) provide restricted protection. Therefore, a detailed strategic plan to work towards with common goals can facilitate a conducive work atmosphere promoting a healthy work environment in the workplace and society.