Title Vii And Affirmative Action In Michigan

State:
Multi-State
Control #:
US-000296
Format:
Word; 
Rich Text
Instant download

Description

Plaintiff seeks to recover damages from her employer for employment discrimination and sexual harassment. Plaintiff states in her complaint that the acts of the defendant are so outrageous that punitive damages are due up to and including attorney fees.


Free preview
  • Preview Complaint For Employment or Workplace Discrimination and Sexual Harassment - Title VII Civil Rights Act
  • Preview Complaint For Employment or Workplace Discrimination and Sexual Harassment - Title VII Civil Rights Act

Form popularity

FAQ

You need an AAP if you have 50 or more employees and: You have a federal contract or subcontract of $50,000 or more. You provide products or services of $50,000 or more to a federal contractor or subcontractor that is required to have an AAP. You are a depository of federal funds.

Michigan is one of eight states that have banned racial preferences in university admissions and public employment. The effects of affirmative action policies are contested. Proponents argue that affirmative action diversifies selective institutions and provides more opportunities to minorities.

Title VII: A Primer §2000e-2. More specifically, it prohibits using race and other protected characteristics as a "motivating factor" for employment decisions, including hiring, firing, compensation, or with respect to the "terms, conditions, or privileges of employment.

Title VII Defenses Employers charged with Title VII violations have a limited number of affirmative defenses including business necessity, bona fide occupational qualification, seniority and merit systems, and after-acquired evidence of actions of the employee.

The footnote carves out an exception to the landmark ruling: While nearly all colleges and universities must stop all practices of affirmative action in admissions, the nation's military academies can continue because of “potentially distinct interests,” the majority opinion states.

The Supreme Court granted review in Harvard/UNC to reconsider whether the affirmative action programs of public and publicly funded colleges and universities violated the Equal Protection Clause and/or Title VI. In its decision, the Court held that both universities' admissions programs violated equal protection.

Employers, labor organizations and other persons subject to title VII may take affirmative action based on an analysis which reveals facts constituting actual or potential adverse impact, if such adverse impact is likely to result from existing or contemplated practices. (b) Effects of prior discriminatory practices.

In fact, the title defines an employee as simply "an individual employed by an employer." Therefore, assuming they work — or are applying to work — for a covered employer as outlined above, Title VII provides discrimination protection for all employees, former employees, and those applying to be employees.

In a 6-2 decision written by Chief Justice John Roberts, the Supreme Court held that using race as a factor in college admissions violates the equal protection clause. The majority acknowledged that the equal protection clause protects students from discrimination based on race.

A job discrimination complaint may be filed by mail or in person at the nearest EEOC office. You can find the closest EEOC office by calling the EEOC at 1-800-669-4000, or by going to the EEOC's Field Office List and Jurisdiction Map and selecting the office closest to you.

Trusted and secure by over 3 million people of the world’s leading companies

Title Vii And Affirmative Action In Michigan