Assignment 4 Research Paper Example | Topics and Well Written Essays - 1000 words

Assignment 4 - Research Paper Example The African American employees filed a class action suit in which they argued that these practices were a violation of Title VII. This is because neither possessing a high school education nor passing the tests was a necessity for successful performance on the jobs in question. In the suit, they argued that the practices were illegal since a higher proportion of the African Americans did not have high school educations. On its part, the company put forward the argument that the requirements were based on its judgment and that they would generally improve the general quality of the workforce, and that the company had no discriminatory intent in instituting these requirements. Further, the company argued that its lack of discriminatory intent was demonstrated by its efforts to assist uneducated employees by financing two thirds of the tuition cost for high school education, (Rue & Byars, 2008). The Court Ruling However, the Supreme Court made a ruling in favor of the African American e mployees, (Rue & Byars, 2008). Meaning of the Ruling The ruling meant that the Duke Power Company could not use the two tests as the criteria for transferring incumbent employees from an outside job to an inside job. Based on the Title VII of the Civil Rights Act of 1964, businesses, including the Duke Power Company, should adhere to the several key provisions stipulated by Section 703. These provisions outline unlawful employment practices for businesses and companies. It is an unlawful practice for any employer to refuse or fail to hire or discharge any person, or otherwise to discriminate against any person with respect to his terms, privileges, compensation, or terms of employment, based on the person’s color, sex, race, religion, or national origin. It is also unlawful to segregate, limit, or classify employees or applicants for employment in any manner that would tend to deprive or deprive any person of employment opportunities, or affect his position as an employee adv ersely, due to the person’s color, sex, religion, race, or national origin, (Rue & Byars, 2008). According to Rue & Byars (2008), it is also unlawful for an employment agency to refuse or fail to refer for employment, or otherwise discriminate against any person based on his or her color or race, or to refer or classify for employment any person based on his color, race, sex, or religion. Also, a labor organization can not expel or exclude from its membership, or otherwise discriminate against any person on the basis of his color, race, sex, or religion. The organization can also not cause an employer to discriminate against any person. The labor organization can also not classify its membership or applicants in a way that is deemed discriminatory. Therefore, the provisions stipulate that an employer, a labor, organization, and a joint labor-management committee that controls apprenticeship or training, to discriminate against another person. This ruling, as well as the provi sions listed above, has major implications on the Duke Power Company and other businesses in general. First, a violation of any of the provisions results in an unlawful employment practice. Such unlawful employment practices are quick to attract lawsuits. According to Hersh (1991), lawsuits are costly and time consuming, and many companies try to avoid them. Lawsuits also might be a stain to the company’s image and reputation. Therefore, the ruling would go a long way in ensuring that companies and businesses strictly adhere to the