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Employment practices that do not directly discriminate against a protected category may still be illegal if they produce a disparate impact on members of a protected group. Title VII of the Civil Rights Act of 1964 prohibits employment practices that have a discriminatory impact, unless they are related to job performance.
The pros and cons of affirmative action have been discussed. Some believe discrimination does not exist at all, or even if it does, prohibiting it is enough; affirmative action is not needed. Some agree that some affirmative action is needed but they have considerations regarding the use of goals and timetables as they might be too strict.
The Act proscribes not only overt discrimination, but also practices that are fair in form, but discriminatory in operation. The touchstone is business necessity. If an employment practice which operates to exclude Negroes cannot be shown to be related to job performance, the practice is prohibited.
For many, it is still seen as a tick-box exercise – an empty PR stunt to create the facade of a forward-thinking, inclusive company.
Gender Expression Non-Discrimination Act (2019) Sexual Orientation Non-Discrimination Act (2002) CROWN Act (2019) 2024 New York Proposal 1; Oregon Oregon Constitution, Article I, §46 (2014) CROWN Act (2021) Pennsylvania Pennsylvania Constitution, Article I, § 28 (1971), Pennsylvania Constitution, Article I, § 29 (2021) Rhode Island
We've come a long way since the passage of the Civil Rights Act of 1964, legislation that Martin Luther King Jr. is credited with helping push through. Society has continued to diversify ...
[2] Where a disparate impact is shown, the plaintiff can prevail without the necessity of showing intentional discrimination unless the defendant employer demonstrates that the practice or policy in question has a demonstrable relationship to the requirements of the job in question. [3] This is the "business necessity" defense. [1]
President Lyndon Baines Johnson. Equal employment opportunity is equal opportunity to attain or maintain employment in a company, organization, or other institution. Examples of legislation to foster it or to protect it from eroding include the U.S. Equal Employment Opportunity Commission, which was established by Title VII of the Civil Rights Act of 1964 to assist in the protection of United ...