Tuesday, June 15, 2021

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Article Index

Annotations

Statutes

42 U.S.C.A. ' 2000e 2.

                This statute provides protection in the workplace for employees against discrimination on the basis of race. This statute is important because it could be seen to be one of the motivating factors for programs such as affirmative action programs that employers put in place. These affirmative action programs help African-Americans as well as members of other minority groups to gain opportunities that they would not have if statutes such as this did not exist. This is the starting point in terms of governance and regulation of discriminatory practices in the workplace. Whether or not the legislatures knew that this piece of legislation would lead to these types of programs is unknown, but the overall effect is that more people have opportunities to obtain prominent positions in employment, especially African-Americans.

42 U.S.C.A. ' 1983.

                This statute specifically addresses affirmative action plans and other race-conscious workplace remedies and programs. This is the next stepping stone after the previously annotated statute. It provides protection for employers who engage in these types of programs. This protection is important because now days we are beginning to see many cases that involve accusations of reverse discrimination. This statute is often cited in these cases. It allows employers, so long as their efforts are reasonable and do not have an overly negative impact on other groups, to make race-conscious remedies and plans that allow African-American workers to obtain higher paying positions and more prominent job titles inside their respective companies.

Title VI Regulation

28 C.F.R. ' 42.104. Civil Rights Act of 1964.

                This regulation deals with the federal funding of employers and the rules that are put in place in terms of race-conscious hiring practices. This regulation both grants protection and also stringently regulates what types of employment practices that employers who are being subsidized by the federal government can partake in. This is important to affirmative action plans and African-Americans obviously as African-Americans seek jobs in these types of markets and these types of industries. It is relevant to the previously annotated statutes but is directed more directly at federally funded employers.

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