Select one of the U.S. Federal Pay Regulations and conduct additional research o
ID: 431315 • Letter: S
Question
Select one of the U.S. Federal Pay Regulations and conduct additional research on one of the regulations. Your research project should be a minimum of three pages and should include a literature review. Page count does not include the title page or reference page. Include in your research:
? History of the Act ? Why it was created ? How it influenced the area of human resources and compensation ? What the future holds for the act ? How it affected the employer and the employee ? Do you agree with this act? Why or why not?
Explanation / Answer
Introduction
Employee discrimination has got adverse effects on the worker on the receiving end of it. An employee who is discriminated against feels vulnerable, restless and may actually lose interest in his or her work, firm’s welfare or career advancement (Brown, 2012). The discrimination can take a toll on the worker to point where he or she starts taking anti-depressant medication in search of rest and safety from the unfairness at work place. The member of staff may also bring a lawsuit against the firm in an effort to fight for his or her rights. This brings unnecessary litigation expenses to a firm, costs which could have been avoided. The root cause of discrimination at workplace includes aspects such as sex, race, religion, national origin or color of the employee. Less overt forms of discrimination may be disguised in form of limitation of a worker’s training or compelling an employee to take an early retirement with an alluring benefit package. It is such kind of friction occurring at places of work that motivated the enactment of the Title V11 of Civil Rights of 1964 which seeks to address some of these forms of discrimination.
History of the Act
President John F. Kennedy is the one who call for the enactment of this piece of legislation on June 11, 1963. In which he requested for a law giving all Americans the right to be served in amenities which are in public domain and an increased protection for the right to vote (Beach, 2015). Following the assassination of President John in November 22, 1963, his successor President Lyndon Johnson continued to press for the same freedom that discriminated Americans wanted. After a long period of legislative consultative in the senate, the bill was passed and on July 2, 1964 it was signed into law by President Johnson. Between 1956 and 1972 the act lacked any sound enforcement specifications. The Equal Employment Opportunities Commission (EEOC) was instead permitted to investigate external allegations of discrimination. The EEOC would then submit the cases to Justice Department for Litigation if rational cause was discovered. The EOCC filed the size and nature of discriminatory employment acts, the first of this kind achieved. In 1972, congress passed Equal Employment Opportunities Act which amended Title V11 and gave the commission authority to start its own enforcement proceedings.
Despite its lack of power during its time, it is arguably correct to say that Title V11 Civil Rights of 1964 had substantial influence on later civil rights legislation in the United States. It paved the way for future enactments that were not founded on the African American civil rights (Michael Imber, 2012). One of such landmark statute was American with Disabilities Act of 1990 which was inspired both in substance and structure by the preceding Civil Rights Act of 1964.
The Purpose of Enactment of Title V11 Civil Rights of 1964
Title V11 Civil Rights of 1964 forbids discrimination by of employees by their bosses on the grounds of sex, religion, race, color or national origin. Title V11 covers employers who have fifteen or more employees for each working day for each working day in each of twenty or more calendar week in the preceding or current year. The act also forbids discrimination against a specific person because of his or her association with another individual of a specific religion, color, race sex, national origin. The EOO Title V11 has also been supplemented with acts forbidding age, pregnancy, and disability discrimination.
However, in very narrowly defined conditions, an employer is allowed to discriminate on the grounds of a protected feature where the feature is a bona fide occupational qualification (BFOQ) rationally required for the normal operation of that specific business. To prove bona fide occupational qualifications (BFOQ) an employer must prove three things: A direct connection between the protected feature and the ability to execute the duties of the job, the BFOQ link to the core mission of the employer enterprise, and there is no less rational alternative.
How Title V11 influenced the Area of Human Resources and Compensation
One of the remarkable contributions of Title V11 was that it allowed equal treatment of white and black Americans. Black Americans were able to access equal employment opportunities and social amenities as White Americans (WorldatWork, 2010). For a long time, African American and other minorities were not able to access much of the American workplace since they were denied jobs on basis of their color and race, and were condemned to low-paying menial jobs; they were casualties of pay discrimination and other harassment. The act also empowered the woman to agitate for equal pay as men. Previously, the trend had been that men were getting hefty perks as compensation as women took home peanuts and had nothing to show for their hard work. Indeed the slow implementation of the act, which characterized it’s the early years after its enactment saw women form the National Association of Women (NOW) to fight for their rights.
The act also forbade acts of retaliation against an individual who complained about, or took part in any employment discrimination grievance. Employers are required to be very intent on this provision of Title V11 since whereas the employer may actually be blameless in the first allegation of discrimination, taking any successive action after a worker has lodged his grievances constitutes a fresh charge of discrimination. In the second charge, the employer is bound to be found guilty and pay damages to the employee.
What the Future holds for Title V11 of Civil Rights of 1964
Title V11 has got a brilliant outlook. It brought the black Americans from their dark past and also the women who had been discriminated against in the American soil. Indeed the new found hope in this piece of legislation has given the discriminated persons fresh courage and they would never allow any person into their rights and freedoms again. The anticipation is that the civil rights will be expanded to give more rights to emerging issues such as equal treatment of homosexual and transgender individuals (Cobble, 2010). They are humans who need to feel and be treated as equally as everyone else.
How Title V11 affected Employer and the Employee
The enactment changed the interaction between the bosses and their subjects. Since the act gave more rights to the subjects, the employees from the discriminated groups have continued to advocate for their civil liberties (Cihon & Castagnera, 2013). The employers have since come to appreciate the role that fairness at workplace plays towards achievement of their organizational mission and visions and have, in actual fact, embraced the provisions of Title V11 of Civil Rights of 1964. More peaceful coexistence is evident in firms which respect the anti-discrimination provisions of the act.
Conclusion
I agree with this act. It is indeed true that everyone deserves level treatment whether at work or any other place of association. No race, sex, colour or nation is superior to the other in the world; therefore no one should claim to be better than the other person (Anderson, 2012). It is vital that the diversity which exists in a populace is used as a tool of unity and not as a means to divide or discriminate against any group of people.
Anderson, C. A. (2012). The Cosmogony of Eternal Design. First Edition Design Pub.
Beach, L. R. (2015). Human Resource Management in the Public Sector: Policies and Practices. Routledge.
Brown, E. S. (2012). Racialized Class Formation: Blacks in the Professional Middle Class in the Post-Civil Rights Era. Emerald Insight, 23.
Cihon, P., & Castagnera, J. (2013). Employment and Labor Law. Cengage Learning.
Cobble, D. S. (2010). The Sex of Class: Women Transforming American Labor. Cornell University Press.
Michael Imber, T. v. (2012). A Teacher's Guide to Education Law. Routledge.
WorldatWork. (2010). The WorldatWork Handbook of Compensation, Benefits and Total Rewards: A Comprehensive Guide for HR Professionals. John Wiley & Sons.
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