Civil Rights Acts

The rights of chemists, employers, and professional societies are discussed in relation to layoffs and other grievances where the Labor Management Relations Act, the Fair Labor Standards Act, the Age Discrimination in Employment Act, the Civil Rights Act of 1954, and the Occupational Safety and Health Act of 1970 apply. Instances of political discrimination, blacklisting, employee entrapment and dismissal, and no-switching agreements are also included in the discussion. 

Tn the area of the rights of chemists in layoffs and other serious griev-ances, there is no question that the employee is getting a chance to say more, owing to the assistance of legislation such as Title VII of the Civil Rights Act of 1964 and the courts, which are now starting to play a role. In these economic hard times the threat of a layoff is very real, both to the factory line workers and the white collar or professional employees. 

The Fourteenth Amendment, the Freedman s Bureau Act, and the Civil Rights Act of 1866 all include the Second Amendment right to keep and bear arms among the rights that the states are prohibited from taking from any citizen. 

The Indiana Supreme Court rules that the mayor of Gary, Indiana, violated the state constitution when he denied gun permits to city residents. The court cites the 1871 Civil Rights Act, which had been passed to counter the actions of Ku Klux Klan members. 

Describe the role of the Civil Rights Act of 1964 in managing human resources. 

The HRM process is influenced by laws and regulations passed by local, state, and federal governments. These laws and regulations were put in place to protect workers from certain employer practices and biases. The Federal Civil Rights Act of 1964 is the primary piece of legislation affecting HRM practices (Donnelly, Gibson, and Ivancevich, 1995). The act and subse-... 

Title VII of the Civil Rights Act of 1991 This amendment to the original 1964 act prohibits discrimination on the basis of race and places the burden of proof on the employer. 

The Equal Employment Opportunity Commission (EEOC) was created in 1972 with an amendment to the Civil Rights Act. The EEOC was given the authority to monitor discrimination and file lawsuits to correct discriminatory practices in the workplace. This amendment was also responsible for affirmative action, an activist approach to correcting discrimination. Affirmative action pressures employers to actively recruit and give preference to minorities in order to correct previous prejudice in employment. Although highly controversial, affirmative action is practiced commonly in business. 

In addition to the Civil Rights Act, other laws and regulations affect the management ofhuman resources. For instance, the Occupational Safety and Health Act of 1970 established the U.S. Occupational Safety and Health Administration (OSHA) to develop and enforce workplace standards designed to prevent work-related injuries, illnesses, and deaths (OSHA, 2007). Of particular relevance to pharmacy are OSHA s ergonomic workplace standards and its rules for preventing exposure to hazardous chemicals and bloodborne pathogens. 

Write job-related and nondiscriminatory questions Avoid any questions that are not directly related to the essential functions of the position or that may be construed as discriminatory In general, it is inappropriate to ask questions about an individual s race, color, religion, sex, or national or ethnic origin (Title VII of the Civil Rights Act of 1964), their age (Age Discrimination in Employment Act of 1967), or disability status (Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990), as well as their marital status, sexual orientation, or parenting responsibilities. 

Since the adoption of the FLSA in 1938, there have been few modifications to the original act and regulations. Other pieces of federal legislation have been passed to safeguard against discrimination in employment and pay practices, such as the Equal Pay Act of 1963 (amended in 1972), the Civil Rights Acts of 1964 and 1991, and the Americans with Disabilities Act. 

Title VII of the Civil Rights Act of 1964 and related laws and executive orders The safety and health professional should possess a working knowledge of the prohibition against discrimination based upon race, sex, color, creed or religion, and national origin. 

These laws include the Civil Service Reform Act, Immigration Reform and Control Act, Executive Order 11246, certain sections of the Americans with Disabilities Act and Civil Rights Act of 1964, Family and Medical Leave Act, Occupational Safety and Health Act, and sections of the Rehabilitation Act, Social Security Act, Fair Labor Standards Act, and workers compensation law. 

Safety professionals should be aware that the enforcement procedures adopted by the ADA mirror those of Title VII of the Civil Rights Act. A claimant under the ADA must file a claim with the EEOC within 180 days of the alleged discriminatory event, or within 300 days in states with approved enforcement agencies such as the Human Rights Commission. These are commonly called dual agency states or... 

With the passage of the Civil Rights Act of 1991, the remedies provided under the ADA were modified. Employment discrimination (whether intentional or by practice) that has a discriminatory effect on qualified individuals may include hiring, reinstatement, promotion, back pay, front pay, reasonable accommodation, or other actions that will make an individual whole. Payment of attorney fees, expert witness fees, and court fees is still permitted, and jury trials are also allowed. 

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