The two critical employment rights that fight for fair treatment and non-discrimination regarding wages are the Fair Labor Standards Act, enacted in 1938, and the Civil Rights Act Article 4, enacted in 1964. According to the Civil Rights Act, job discrimination based on religion, ethnicity, culture, origin, or sex is prohibited by the Equal Opportunity Employment Commission. There is a set minimum wage by FLSA and overtime pay when someone works extra hours, and fair labor standards are meant to protect all workers from all types of exploitation and ensure equal compensation (FTC, 2021). Title VII of the Civil Rights Act of 1964 and the Fair Labor Standards Act are employment laws enacted to safeguard and protect the rights and welfare of employees.
How Title VII of the Civil Rights Act Protects Individuals
Employees are protected by Title VII of the Civil Rights Act from being discriminated against on the basis of race, sexuality, pregnancy, ethnicity, or color. The set guidelines apply to labor organizations where employees are 15 in number or more, government organizations, and other employment agencies. The Act provides a legal framework that employees can follow when they believe discrimination exists in their workplace and anyone has been discriminated against individually. The legal framework is under the Equal Employment Opportunity Employment Commission, which deals with cases of discrimination in the workplace and files lawsuits on behalf of employees undergoing discrimination. The Civil Rights acts also prohibit any retaliation against those who do not support discrimination or any proceedings concerning a lawsuit based on discrimination. The Act gives individuals the power to fight for their rights without fear.
Title VII of the Civil Rights Act Violation Case Analysis
EEOC v. Porous Materials, Inc. is a perfect example of a company that violated Title VII of the Civil Rights Act in 2020. According to a report by US EEOC (2020), the manufacturing company Porous, which is located in New York, discriminated against their employees based on their race, origin, and sex. A former manager referred to foreign-born employees as terrorists, made racist remarks to a black employee, and indulged in racist slurs. The former manager went ahead and mocked employees who spoke foreign languages and urged them to leave America since he was sick of them stealing American jobs. Additionally, he was abusive to women by using vulgar language and claiming they could not perform men’s jobs. He also commented on women’s bodies and made sexual advances without consent. The company owner also treated female employees more harshly than their male counterparts instead of solving the situation. The alleged conduct of the owner and manager violates Title VII of the Civil Rights Act, which prohibits any form of discrimination.
EOCC Action
The main actions taken by EOCC included a thorough investigation of the allegations of gender discrimination during the recruitment process and also on promotion. A report published by EEOC in 2020 indicates that Porous material did not reach a religious settlement through the set reconciliation process. EOCC generated $93,00 for those affected as a part of the settlement plan. Porous material was required to come up with preventive measures like training the management and the employees on discrimination and also to report to EOCC concerning any type of discrimination that may arise. Porous material was also required to sign a consent declaring they were committed to creating a discrimination-free environment.
EOCC’s actions included investigating the allegations of systemic gender discrimination in hiring and promotion practices at Porous Materials. According to US EEOC (2020), the EOCC then filed a lawsuit against Porous Materials in the U.S. District Court for the Nothern District of New York after failing to reach a pre-litigation settlement through the conciliation process. The EOCC also secured a monetary relief of $93,000 for the affected individuals. As part of the settlement, Porous was required to implement preventive measures like training the owner, managers, and employees on discrimination, modifying the company’s anti-discrimination behavior, and reporting to EOCC on handling discrimination complaints. The EEOC also committed to monitoring Porous Materials’ compliance with the consent decree’s terms for four years, ensuring they upheld their commitment to create a discrimination-free workplace.
How FLSA Helps Determine Employee’s Pay
The FLSA helps determine employee pay in various ways, including establishing the minimum wage. According to DOL (n.d.), FLSA has set the minimum wage at $7.25$ per hour, but various states have minimum wage laws. The FLSA also dictates the overtime pay for covered nonexempt employees working more than 40 hours a week. The standard manner of calculating overtime in a day is one-half times the employee’s regular pay rate. The employer and employee can determine hours worked by determining when a given employee is supposed to be within the prescribed workplace, on the employer’s premises, or duty. FLSA requires employees to display FLSA’s requirements and payment terms and keep employee payment and time records.
How to Modify FLSA to Fit Today’s Business World
Since its passage in 1938, FLSA has continued to grow and develop in various ways; for instance, initially, FLSA managed to establish a minimum wage of $0.25 per hour, which has increased to the present wage of $7.25 per hour (DOL, n.d.). Some modifications for FLSA to fit today’s business world include an independent contractor-employee classification to accommodate the rise of the gig and remote work economy since there are blurred lines between employees and independent contractors. This change will enable gig and remote workers to accrue benefits regardless of their employer structure. According to Robinson (2024), modernizing the FLSA to fit today’s business world will involve adding workweek flexibility. An example of this modification includes the employer allowing employees working overtime in a given workweek to have paid time off in the subsequent workweek. The modification will be like the public sector’s compensatory paid time off program but applied in the private sector.
Conclusion
Overall, Title VII of the Civil Rights Act of 1964 and the Fair Labor Standards Act significantly enhance workplace fairness. The case has highlighted the Acts’ role in ensuring a workplace free of discrimination as evolution continues. The acts also give legal proceedings that one should follow in case of discrimination and compensation rights for working extra hours. Generally, the acts have successfully offered a fair workplace and labor practices accompanied by flexibility.
References
Department Of Labor. (n.d.). Wages and the Fair Labor Standards Act. Department of Labor. https://www.dol.gov/agencies/whd/flsa#:~:text=The%20Fair%20Labor%20Standards%20Act%20(FLSA)%20establishes%20minimum%20wage%2C,%2C%20State%2C%20and%20local%20governments.
Federal Trade Commission. (2021, November 24). Protections against discrimination and other prohibited practices. https://www.ftc.gov/policy-notices/no-fear-act/protections-against-discrimination
Robinson, A. B., Jr. (2024). The FLSA after 80 years, Part II: Eight decades of the Fair Labor Standards Act. The National Law Review. https://www.natlawreview.com/article/flsa-after-80-years-part-ii-eight-decades-fair-labor-standards-act#:~:text=There%20are%20numerous%20ways%20to,demand%2C%20or%20sharing%2C%20economy.
US EEOC. (2020). Porous materials to pay $93,000 to settle EEOC harassment and retaliation suit. https://www.eeoc.gov/newsroom/porous-materials-pay-93000-settle-eeoc-harassment-and-retaliation-suit
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