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.
Title Vii Of The Civil Rights Act Of 1964 And Affirmative Action In San Jose
State:
Multi-State
City:
San Jose
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US-000296
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Word;
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FAQ
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.
California is one of eight states that have banned the consideration of race 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.
Affirmative action is also a remedy, under the Civil Rights Act of 1964, where a court finds that an employer has intentionally engaged in discriminatory practices.
The employee must first present evidence that he is a member of a protected class, he was qualified for the position he held, he suffered an adverse employment action such as being fired, and that he was replaced with another worker who is not a member of that protected class.
Title VII applies to private-sector employers with 15 or more employees, to state and local government employers with 15 or more employees, and to the federal government as an employer. Title VII also applies to unions and employment agencies. Title VII does not apply to Tribal nations.
Title VII is considered to be the most important equal opportunity law ever enacted because it contains the broadest coverage, prohibition and remedies to individuals. Title VII was passed to ensure you would be considered for jobs not on the basis of the color of their skin, religion, gender or their national origin.
Title VII of the Civil Rights Act does not cover federal employees or independent contractors. However, federal employees are protected against discrimination by other federal anti-discrimination laws.
For discrimination complaints related to housing, employment, or business establishments, you may contact the California Department of Fair Employment and Housing (DFEH) at 800-884-1684 (voice), 800-700-2320 (TTY). You may also visit the DFEH page for additional information.