Discrimination
...e important laws that protect every citizen of race discrimination they are as follows: the Civil Rights Act of 1866, 1871, the Civil Rights Act of 1991 and Title VII of the Civil Rights Act of 1964. These laws were established in an effort to combat employment discrimination. To begin with, the Civil Rights Act of 1866 grants all citizens the right to make and enforce contracts for employment. Equally important, the Civil Rights Act of 1871 grants all citizens the right to sue in federal court if they feel they have been deprived of any rights or privileges guaranteed by the Constitution and other laws (Managing Human Resources, Chapter 3 page 82-84). Both the Civil Rights Act of 1866 and 1871 are laws that were enacted on the basis of provisions of the Thirteenth and Fourteenth Amendments. Many argued that until recently both the Civil Rights Act of 1866 and 1871 were too narrowed as tools for resolving reconstruction-era racial problems (Managing Human Resources, Chapter 3 page 82-84). However, in Johnson v. Railway Express Agency, Inc., the Supreme Court held that, while the Civil Rights Act of 1866 on its face relates to racial discrimination in the making and enforcement of contracts, it also provides a federal remedy against racial discrimination in private employment. Also, the Civil Rights Act of 1866 allows for jury trials and for compensatory and punitive damages for victims of intentional racial and ethic discrimination, and it covers both large and small employers, even those with fewer than 15 employees (Managing Human Resources, Chapter 3 page 82-84). The Civil Rights Act of 1991 amended the Civil Rights Act of 1866 so that workers are protected from intentional discrimination in all aspects of employment, not just hiring and promotion. In addition, in a unanimous decision, the Supreme Court ruled that race was equated with ethnicity during the legislative debate after the Civil War, and therefore Arab, Jews, and other ethnic groups thought of as “white” are not barred from suing under the 1866 Act (Managing Human Resources, Chapter 3 page 82-84). Title VII of the Civil Rights Act of 1964 is considered the most important provision that relates to the employment context, for it prohibits discrimination on the basis of race, color, religion, sex, or national origin in all aspects of employment (including apprenticeship programs). This law was needed and passed because it guarantees that people would be considered for jobs not on the basis of the color of their skin, their religion, their gender, or their national origin, but rather, on the basis of the abilities and talents that are necessary to perform a job. In 1972, the coverage of Title VII was expanded and now it includes almost all public and private employers with 15 or more employees, except private clubs, religious organizations and places of employment connected with an Indian reservation (Managing Human Resources, Chapter 3 page 82-84). Race-norming was quietly introduced by the Department of Labor during the mid 1980s. In the past, many companies used testing as an aid in making hiring as well as promotion decisions. But sometimes, these companies have also manipulated those test scores in an effort to increase the hiring of certain groups. This process has been identified as race-norming. The best example of race-norming is the practice of scoring individuals on a racial curve. In other words, a black person's C+ is the equivalent of a white person's B+. This practice has been used in many government agencies, boardrooms of corporations, as well as admissions offices of colleges and universities. Under a race norming regime, every applicant for employment is given the same test. The test results of minorities are compared with results of other test takers within their own social or ethnic group, but these results are never compared with those of people of other groups. Normally, Race norming has been used by very large companies where they want or have to meet affirmative-action goals. Other companies have used it as an alternative way of recruiting qualified minority applicants for jobs. Race-norming has also been enforced by the courts as a legal remedy in some employment-discrimination lawsuits and has been pushed by the Equal Employment Opportunity Commission (Noah, T. April 1991). Race-norming was banned by Congress in 1991, The federal Civil Rights Act of 1991 made race norming and any other means of changing or modifying employment related tests on the basis of race or ethnicity illegal. But the banning of such practice did not prevent companies from doing so. Until now, there is still a majority of organizations in the U.S. that continue to practice race norming as part of their hiring process without the court’s approval. And this practice will continue to be a major concern as Race discrimination in the labor market continues to rise. The Equal Employment Opportunity Commission (EEOC) has five commissioners and a General Counsel appointed by the President and confirmed by the Senate. Commissioners are appointed for five-year, staggered terms. The Commission is preceded by Cari M Dominguez as Chair, Naomi C. Earp as Vice Chair, Leslie E. Silverman as Commissioner, and Stuart J. Ishimaru as Commissioner. The General Counsel serves for a period of four years designated by the President. The actual General Counsel is Eric Dreiband. The President also designates a Chair and a Vice Chair. The Chair is the chief executive officer of the Commission. The five-member Commission makes equal employment opportunity policy and approves most litigation. The General Counsel is responsible for conducting EEOC enforcement litigation under Title VII of the Civil Rights Act of 1964 (Title VII), the Equal Pay Act (EPA), the Age Discrimination in Employment Act (ADEA), and the Americans with Disabilities Act (ADA). Race/Color Discrimination Practices Under the Race/Color Discrimination Practices, Title VII of the Civil Rights Act of 1964 protects individuals against employment discrimination on the basis of race and color, as well as national origin, sex, and religion. Title VII applies to employers with 15 or more employees, including state and local governments. It also applies to employment agencies and to labor organizations, as well as to the federal government. It is unlawfu...