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The Title VII of the Civil Rights Act of 1964, the Pregnancy Discrimination Act (PDA) and Family & Medical Leave Act (FMLA) Introduction Profound knowledge of employment acts and regulations is very important. I consider that effective Strategic Human Resource Management techniques are crucial to the success of any business. Since SHRM is the thread by which HR and strategic goals of the company are connected, the aim of any worker is to use full potential of human resources for the companys success. Figuring out how to deal with employee motivation, work culture, how to implement strategic plans and goals, how to deliver services and products to the companys partners and how to facilitate partners ability to obtain firsthand reliable information, how to deal with employment-related claims, and how to develop employment strategies to make a company stronger are just a few areas that any company concerns itself with on daily basis. Overall, being effective at Strategic Human Resource Management will not only generate more profits for the company, it will also allow the company to establish itself as a productive, effective, and well-organized enterprise that is determined to satisfy consumer needs, while not sacrificing its welfare.
The aim of research is to examine the relationship between Title VII, the Pregnancy Discrimination Act (PDA) and Family & Medical Leave Act (FMLA). First of all, lets examine the main facts concerning the acts. The title VII of the Civil Rights Act of 1964 The title VII of the Civil Rights Act of 1964 (Pub. L. 88 - 352) (Title VII), is the main act prohibiting employment discrimination based on race, color, religion, sex and national origin. Both the Civil Rights Acts and the U. S.
Constitution guarantee equal rights and dignity for each individual. Any kind of harassment or discrimination is recognized as violation of human rights. The title VII of the Civil Rights Act of 1964, actually, is the general basis for federal employment discrimination actions of any kind of harassment (sexual, etc) or discrimination (gender, based on pregnancy, etc). It was primarily issued To enforce the constitutional right to vote, to confer jurisdiction upon the district courts of the United States to provide injunctive relief against discrimination in public accommodations, to authorize the attorney General to institute suits to protect constitutional rights in public facilities and public education, to extend the Commission on Civil Rights, to prevent discrimination in federally assisted programs, to establish a Commission on Equal Employment Opportunity, and for other purposes.
According to the Title VII, it is an unlawful employment practice, when the employer refuses to hire the employee because of his gender, color, race, national origin, etc. It is also unlawful to deprive the employee of his rights or to limit his employment opportunities because of his race or gender belonging. Besides, the title VII prohibits any kind of discrimination in any aspect of employment, such as compensation, classification of workers or their assignment; firing and hiring of employees; layoff or recall, promotion or transfer; recruitment of employees; testing; use of company facilities; any kind of fringe benefits; job advertisements; training, courses, seminars or apprenticeship programs; pay, disability leave, retirement plans; any other terms of employment, not listed here The Title VII prohibits not only intentional discrimination, but also practices that have the effect of discriminating against individuals because of their race, color, national origin, religion, or sex The Pregnancy Discrimination Act (PDA) The Pregnancy Discrimination Act (PDA) was issued as an amendment to the title VII of the Civil Rights Act of 1964 to prohibit sex discrimination on the basis of pregnancy. These two Acts are closely related because prohibitions listed in the title VII especially cover Pregnancy Based Discrimination - Pregnancy, childbirth, and related medical conditions must be treated in the same way as other temporary illnesses or conditions The Pregnancy Discrimination Act doesnt oblige the employee to hire the pregnant worker, but it obliges him / her to treat the pregnant applicant / worker the same way as other applicants / employees with temporary disabilities, both by practice and policy. For example, is the employer provides his workers with a combination of paid and unpaid medical leave because of health problems to employees with temporary disabilities, he is obliged to provide his pregnant workers with the same conditions and benefits.
Family & Medical Leave Act (FMLA) Family & Medical Leave Act (FMLA) was also issued as an amendment to the title VII of the Civil Rights Act of 1964. The FMLA was adopted on August 5, 1993. However, the final variant of FMLA went into effect on April 6, 1995. What are basic requirements for FMLA? Under the FMLA, a worker can require to 12 working weeks of leave because one of the following reasons: In case the employee has to care for the newborn child; In case of the birth of the child; In case the employee adopts a child and has to take care of him; In case the employee has to take care for his / her spouse, son, daughter, or parent with a serious health condition According to FMLA, the employer has to keep the employees working place. When the employee returns to his work at the end of FMLA leave, the employee must take an employee back into the same or an equivalent job The Relationship between the title VII of the Civil Rights Act of 1964, the Pregnancy Discrimination Act and Family & Medical Leave Act (FMLA) Both the title VII of the Civil Rights Act of 1964, the Pregnancy Discrimination Act and Family & Medical Leave Act (FMLA) are related to the Federal Laws prohibiting job discrimination.
They aimed to protect human rights and prohibit the reprisal against employees. All three acts are related to primary laws prohibiting the discrimination against pregnant employees and are known as laws governing the employment of pregnant workers. The Family & Medical Leave Act (FMLA) requires the employee provide his worker with a medical leave under special circumstances. Both the Family & Medical Leave Act (FMLA) and the title VII of the Civil Rights Act of 1964 oblige the employee to grant to a pregnant worker a medical leave because of pregnancy and / or pregnancy related issues.
Besides, the title VII of the Civil Rights Act of 1964 obliges the employee not to discriminate the worker, being based on racial origin, gender, health condition, etc when he provides the worker with a medical leave. The Family & Medical Leave Act is usually enforced by the Department of Labor. FMLA covers private employers with fifty or more employees whereas the title VII covers private employers with fifteen or more workers. In such a way, only the enterprises with fifty or more workers are covered both by The Family & Medical Leave Act and the title VII of the Civil Rights Act of 1964.
Also the Family & Medical Leave Act covers state employees regardless the number or employees, however, the local government and state workers are covered by the Title VII only if the enterprise consists of fifteen or more employees. Not all employees protected by the title VII of the Civil Rights Act of 1964 are able to require for the medical leave under the FMLA. The employees have to be eligible for FMLA leave. Such eligibility generally depends on numerous factors, such as length of service and other factors. Besides, the employee has to be employed by an FMLA-covered employer with 50 or more employees to obtain FMLA leave Lets compare the title VII and FMLA in relation to leave for childbirth, pregnancy and pregnancy-related conditions.
According to the title VII of the Civil Rights Act of 1964, the employer is obliged to treat pregnant worker the same way as non-pregnant worker. For example, if the employer provides up to 12 weeks paid leave for short-term disability leave or medical temporary leave because of health-conditions, he is also obliged to provide up to 12 weeks paid leave for childbirth, pregnancy and pregnancy-related conditions. Sometimes the policy that complies with the Family & Medical Leave Act can violate the title VII. For example, the worker is protected by various kinds of anti-discrimination federal laws, including the title VII of the Civil Rights Act of 1964. These Acts and Laws are valid regardless the duration of employment. Yet, the worker is not able to apply for a FMLA medical leave if he / she works less than 12 months.
In such a way, the policy will refuse the worker to leave for paid medical leave because of pregnancy, child birth or other pregnancy-related conditions, and at the same time, the policy will allow a worker to leave for paid leave because of other medical conditions not related to pregnancy. Such practice will violate the title VII of the Civil Rights Act of 1964 and can be examined as discrimination against pregnant employees. On the contrary, the policy, which prohibits prohibits any employee from taking sick leave or short-term disability leave during the first year of employment could have a disparate impact on women and thus violate Title VII Although the Title VII is widely used as act regulating pregnancy issues and other legal employment issues, it doesnt oblige the employers to provide their employees with granted medical leave because of health condition and / or care for a child / newborn child, pregnancy-related issues or / and care for ill family member. The Title VII only prohibits covered employers from discriminating on the basis of race, color, religion, sex, or national origin when they administer family leave For example, according to the title VII of the Civil Rights Act of 1964 both men and women are able to ask for medical leave because of childcare issues. In case the employer allows a woman to have a medical childcare leave, but prohibits the man to take the same period of childcare leave, the man can fill in the charge against the employer based on violation of the title VII.
The reason of such accusation will be discrimination based on gender. According to the Title VII of the Civil Rights Act of 1964 and the Pregnancy Discrimination Act, pregnancy and pregnancy-related conditions has been recognized as an important reference by courts. EEO Guidelines also foresee firing of employees because of related medical and pregnancy conditions to be in prima facie violation of the title VII of the Civil Rights Act (Section 1604. 10). The Pregnancy Discrimination Act and the title VII also prohibit discrimination against qualified individuals with temporary disabilities as a result of their pregnancy, childbirth or pregnancy-related conditions. Lets suppose situation when an employee will ask for childcare paid leave or for medical leave related to pregnancy, and the employer will refuse. As for the companys denial to employee be allowed to leave for a paid medical leave (a request prompted by the side effects of health conditions) or to work on a part-time basis, and the companys denial to negotiate a settlement, if employee pursues her case in federal court, the denial of her claim will not be sustainable.
In such a way, the court will not be able to exclude employees claim due to the lack of adequate and objective medical evidence. The employee in this case most likely will be able to prove each of the elements of her prima facie case under the theory of liability governing her charge because short-term disability claim based on her pregnancy presents adequate and objective medical evidence established by medically acceptable diagnostic techniques to support that she is eligible to claim for paid medical leave. According to the Pregnancy Discrimination Act (PDA), the employee is not obliged to transfer a pregnant employee to a light duty position or part-time work to accommodate her pregnancy. However, if the employee has possibility to provide the pregnant worker with better conditions / accommodations /office services or part-time work, he / she is engaged to provide the pregnant worker with better conditions. Besides, other federal regulations and acts also are aimed to protect the employees. For example, Occupational Safety & Health Act (OSHA): (29 USC 651) was enacted to assure safe and healthful working conditions for working men and women, if to consider the Act within certain limitations.
The FMLA also engages the employer to provide pregnant worker with reduced work schedule if it is really necessary because of health condition. A reduced work schedule refers to a schedule that reduces an employees usual number of hours for a period of time, such as switching from full-time to part-time work for several weeks. According to the FMLA regulations, a reduced work schedule is medically necessary if an employee has a serious health condition that requires a treatment regimen which is best accommodated by this type of leave All three laws, the title VII of the Civil Rights Act of 1964, the Pregnancy Discrimination Act and Family & Medical Leave Act (FMLA) are aimed to protect employees from discrimination actions. Besides, the Pregnancy Discrimination Act, in addition to the title VII of the Civil Rights Act of 1964, can also be the basis for a discrimination action against an employer who treats pregnant woman differently than disabled men, since presumably that is an adverse employment action "based on sex. " Bibliography Complying with Pregnancy Discrimination and Leave Laws. Retrieved December 15, 2005.
web Federal Laws Prohibiting Job Discrimination. Questions And Answers. Retrieved December 14, 2005. web Legal Issues in the workplace.
Retrieved December 15, 2005. web Pregnancy Discrimination Act. Retrieved December 15, 2005. web The Family and Medical Leave Act, the Americans with Disabilities Act, and Title VII of the Civil Rights Act of 1964. Retrieved December 14, 2005. web The title VII of the Civil Rights Act of 1964 (Pub.
L. 88 - 352) (Title VII). Retrieved December 14, 2005. web
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Research essay sample on The Title Vii Of Civil Rights Act 1964
