BUSINESS LAW 101

 

The Civil Rights Act

BY ALBERT L. KELLEY

KONK LIFE STAFF WRITER

The Civil Rights Act of 1964 was created to

eliminate discrimination based on race,

color; religion, sex and national origin. The law

applies to discriminatory treatment where the

employer treats some employees less favorably

because they belong to one of the enumerated

classes (called disparate treatment). It also protects

from discriminatory impact where a neutral

practice has the result of impacting one of the

protected groups (called disparate impact). Under

disparate treatment, the employer has a defense if he

did not intend to discriminate.

This defense is not available under the disparate

impact theory.

The Civil Rights Act is enforced by the

Equal Employment Opportunity Commission

(EEOC). The procedures for filing a charge are

not easy. Once a complaint has been made, it is

forwarded to an office of the EEOC. The employee

must then wait 60 days. During this time,

the EEOC investigates and tries to reach an

agreement between the parties.

If an agreement cannot be reached, the

EEOC gives the employee a “right to sue”

letter. Only then may a lawsuit be filed charging

discriminatory practices. But the lawsuit must

be filed within 90 days. Damages include

compensatory damages (including back pay)

and are not included in computation of gross

income for tax purposes.

Before employers start panicking and

employees start running to the courthouse,

you should know that the Civil Rights Act does

not apply to every business. To fall under the

requirements of the Civil Rights Act, a business

must affect interstate commerce and employ

15 or more individuals for at least 20 weeks

during the current or previous calendar year.

The question about the number of employees

is pretty easy to calculate-just count the number

of employees at any given time. If the maximum

exceeds 15 employees over a 20 week period,

then you must look to the next step.

When does a business affect interstate

commerce? Let’s say there is a local souvenir

business in Key West with 21 employees. All

of their souvenirs are made by local artisans,

sold within the store, and there is an absolute

policy against employing minorities.

What recourse would an African American or

Hispanic applicant have against such a business?

They would have to look to state law, because

the Civil Rights Act would not apply. However,

if a souvenir store next door shipped items to

patrons outside of Florida, or if they shipped

merchandise from artisans located outside of

Florida, or if they advertise their goods in publications

that go outside of Florida, they would be

subject to the Civil Rights Act. Two seemingly

identical businesses, covered by different sets of

laws.

The Civil Rights Act only applies to certain

classes of people-it is not all-inclusive. The law

only applies to discrimination based on race,

color; religion, sex and national origin. It does

not include age discrimination, handicap discrimination

or sexual orientation discrimination.

This does not mean there aren’t laws that

protect these categories; just not the Civil Rights

Act. We will be discussing these categories

in more detail in the next few columns.

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