Anti-Discrimination in the Workplace: Title VII, Civil Rights Legislation, and Sexual Harassment
Overview
This paper examines anti-discrimination protections in the workplace under Title VII and the Civil Rights Act of 1991. It analyzes the distinction between legitimate employment testing and discriminatory practices, using the case of Flora Tucker's disqualification from a sales position based on aptitude test performance. The paper further distinguishes between two forms of sexual harassment: quid pro quo harassment and hostile work environment harassment.
What this essay covers
- Title VII and aptitude testing: examines whether performance-based testing constitutes discrimination under Title VII protection
- Civil Rights Act of 1991: discusses improvements to Title VII and compensation mechanisms for workplace discrimination
- Sexual harassment types: defines and differentiates quid pro quo sexual harassment from hostile work environment harassment, with examples
Preview
Anti-Discrimination in the Workplace
Name
Insitution
Anti-Discrimination in the Workplace
Aptitude test is not a violation of Title VII. Aptitude tests are given to subject the qualified candidates into more tests to get the finer candidates amongst the qualified. Flora Tucker failed to attain the required score and hence was disqualified. Her disqualification is strictly based on performance and not any other factors. Title VII is about discrimination in lines of sex, race, color, and nationality. In our case, Tucker was not discriminated in line with any of the above-mentioned variables. Therefore, she genuinely missed the position of the salesperson. Aptitude test is applied by employers in cases where there are more than 15 candidates. Tests are validated by selecting the sharper candidates within those qualified.
The most important and the most influential of the 21st Century legislation, apart from Title VII, is the Civil Rights Act of 1991. It is an improvement of Title VII. It aims at strengthening and improving civil rights laws and dealing with intentional discrimination at workplaces. For instance, if a person feels discriminated against and moves to court to file a complaint, the act provides a platform for compensations of damages caused.
The first form of sexual harassment is quid pro quo sexual harassment. It happens when a senior employee for example managers and supervisors asks for sexual favors from junior employees in exchange for better positions. The second one is a hostile work environment sexual harassment.