Tell Me If These Are True Or False: The Civil Rights Act

Tell Me If These Are True Or False1 The Civil Rights Act Of 1964 Cra

1. The Civil Rights Act of 1964 (CRA) has been amended/modified by subsequent laws to include such protections as AGE, PREGNANCY and DISABILITY.

2. The CRA applies to governmental and large employers more so than to small employers. The protections of the CRA are not mandatory upon employers who employ less than a certain number of employees (usually 25 – 50) who do not engage in business with the government.

3. Harris Forklift established the “hostile (abusive) work environment” standard regarding sexual harassment.

4. Disparate Impact discrimination in employment results from action of the employer ‘impacting’ workers in an illegal manner although the rule being enforced does not, on its face, discriminate. E.g., a rule requiring shaving beards is religiously and racially neutral but discriminates against certain religious groups who do not shave and against African-American men who disproportionately have skin irritation from shaving.

5. Disparate Treatment discrimination in employment is generally easier to identify than Disparate Impact Discrimination. Disparate Treatment discrimination is indicated by actions taken by the employer which violate law. E.g., employers refusing to promote women.

6. Sole Proprietorships expose the owner to unlimited liability for the business and for the employees’ actions.

7. A Sole Proprietor can purchase insurance for accidents and mishaps of the business – but insurance will not protect the proprietor from breach of contract issues.

8. A Partnership is similar to a Sole Proprietorship regarding unlimited liability issues, but in addition, a partner is exposed to liability for the actions of the partner(s).

9. Corporations are governed by Boards of Directors – who are usually elected by the shareholders. Board members are not employees of the corporation, generally.

10. Limited Liability Companies share the same liability protection as corporations and LLCs are owned by MEMBERS not shareholder/stockholders.

11. Contracts, generally, are enforceable only when in written form.

12. Written form allows greater evidence of the contract and its terms.

13. A contract is a legally enforceable agreement.

14. Contracts for the sale of real estate must be in writing to be enforceable.

15. Contracts of greater than one-year duration must be in writing to be enforceable.

16. Contracts of large amounts of money (usually greater than 1500 dollars) do not need to be in written form to be enforceable.

17. The Employment at Will doctrine exists where written contracts are not present.

18. An employee can have a written contract that supersedes the Employment at Will doctrine.

19. Union contracts do not supersede the Employment at Will doctrine.

20. Employment at Will doctrine does not allow the firing of an employee for any reason.

21. Employment at Will allows the employee to quit for any reason at any time, but the employee must give a ‘twoweeknotice.’

22. A Constructive Dismissal of an employee occurs where the employee is subject to intolerable conditions.

23. A Constructive Dismissal allows the employee to receive Unemployment Compensation or other compensation.

24. Insurance is intended for anticipated and relatively predictable occurrences. An example of an insurable event is a predictable home repair to a furnace or air conditioning system.

25. Insurance should be differentiated from benefits or coverage for regular and anticipated costs.

26. Intellectual Property is an asset that results from an individual’s (or entity’s) efforts and is an intangible asset.

27. Intellectual property, and generally, must be formally filed to perfect ownership of the intangible asset.

29. Patents are intellectual property and, generally, are inventions with exclusive ownership granted for a limited time—thereupon the invention becomes publicly available.

30. Trademarks are recognizable signs, designs or expressions which differentiate an owned product or service.

Paper For Above instruction

The Civil Rights Act of 1964 (CRA) stands as a landmark piece of legislation in the history of civil rights and employment law in the United States. Since its enactment, the CRA has undergone numerous amendments and modifications to expand its protections to include various disadvantaged groups, such as individuals protected by age, pregnancy, and disability discrimination laws. This evolution reflects the legislative intent to promote equality and prevent discrimination in various facets of public life, especially in the employment environment.

The scope of the CRA is primarily aimed at employers—particularly governmental agencies and large private sector employers. The Act mandates that employers with a substantial number of employees are obligated to adhere to its provisions, which prohibit discrimination based on race, color, religion, sex, or national origin. Small employers employing fewer than a specified number of workers—typically between 15 and 50—are often exempt from certain requirements, especially if they do not engage in federal agency contracts or programs. This distinction underscores the Act's focus on ensuring protections in larger workplaces that influence broader societal norms.

In the realm of workplace harassment, Harris Forklift contributed significantly by establishing the "hostile (abusive) work environment" standard concerning sexual harassment. This standard clarified that such harassment could create a work environment so hostile or abusive that it effectively alters the conditions of employment, thereby providing a basis for legal recourse. This development marked a turning point in recognizing and addressing psychological harassment and hostile work environments.

Discrimination based on disparate impact occurs when employment practices, though neutral on their face—such as dress codes or employment tests—disproportionately affect protected groups adversely. For example, dietary or grooming policies requiring beards may ostensibly apply equally but end up discriminating against religious groups who avoid facial hair and African American men, who may experience skin irritation from shaving due to darker skin tones. Such practices, although seemingly neutral, are illegal if they result in a disproportionate adverse impact on protected classes, unless they are justified by business necessity.

Disparate treatment discrimination, by contrast, involves intentional discrimination—typically more straightforward to identify. If an employer explicitly refuses to promote women or favors certain racial groups for employment opportunities, these actions constitute disparate treatment, a clear violation of civil rights laws. Disparate treatment reflects overt bias, which courts find easier to prove in employment disputes compared to the subtle, statistical nature of disparate impact discrimination.

Regarding business structures, sole proprietorships offer simplicity and full control but expose the owner to unlimited liability—meaning personal assets are at risk if the business incurs debts or legal actions. Entrepreneurs can purchase insurance to mitigate accidents and mishaps within the business; however, such insurance does not typically cover breaches of contracts or legal liabilities resulting from negligence or misconduct.

Partnerships resemble sole proprietorships in exposing partners to unlimited liability but extend liability further—each partner can be held responsible for the actions of others within the partnership. This joint and several liability can pose significant risks, requiring careful drafting of partnership agreements and insurance policies to manage exposures effectively.

Corporations are complex, legal entities governed by boards of directors elected by shareholders. These boards are generally independent of day-to-day operations, which are managed by appointed officers who may or may not be employees of the corporation. This separation aims to protect shareholders' interests and facilitate corporate governance and accountability.

Limited Liability Companies (LLCs) combine benefits of partnerships and corporations—owners, known as members, enjoy limited liability, protecting personal assets from business debts and liabilities. LLCs are popular for their flexibility in management and taxation, which differs from the more formal structure of corporations.

Contract law forms the backbone of commercial transactions. While many contracts are enforceable if agreed upon verbally, certain types—such as those for the sale of real estate, contracts exceeding one year, or transactions involving significant sums—must be in writing to be legally enforceable. Writing enhances evidence preservation and clarity, reducing the likelihood of disputes regarding terms and obligations.

The doctrine of Employment at Will (EAW) grants employers and employees the freedom to terminate employment at any time for any lawful reason, barring contractual exceptions. However, employment contracts or collective bargaining agreements (union contracts) can modify or supersede this doctrine, providing protections against arbitrary dismissal. For example, union agreements often stipulate just cause requirements for termination, balancing employer rights with employee protections.

Constructive dismissal occurs when an employee resigns due to intolerable working conditions—conditions so egregious that resignation is considered a forced leaving. In some jurisdictions, this may qualify for unemployment benefits or legal remedies. It underscores the importance of employer obligations to maintain a decent working environment and avoid falling foul of wrongful construct dismissal claims.

Insurance plays a critical role in managing predictable and unforeseen risks. For example, homeowners insure their property against damage from fire or storm, which are foreseeable risks. Insurance is designed for such predictable events and is financially differentiated from benefits that cover regular or expected expenses, like routine maintenance or health costs.

Intellectual property (IP) encompasses intangible assets such as inventions, trademarks, or copyrights. These rights result from human creativity and innovation. Often, formal registration or filing—such as patent applications or trademark registration—is necessary to establish or "perfect" ownership rights, especially in competitive markets. Patents, in particular, protect inventions for a limited period, usually up to 20 years, after which the invention enters the public domain.

Trademarks serve to identify and distinguish products or services, often represented by recognizable signs or logos. Effective trademark registration helps prevent infringement and unauthorized use, ensuring brand integrity and consumer trust. Proper IP management is essential for protecting business assets and fostering innovation in competitive industries.

References

• Davis, K., & Hinson, J. (2019). Employment Law Principles. Oxford University Press.
• U.S. Equal Employment Opportunity Commission (EEOC). (2022). Laws Enforced by EEOC. https://www.eeoc.gov/statutes/laws-enforced-eeoc
• Harvard Law Review. (2020). The Standard of Hostile Environment Harassment. Harvard Law Review, 134(2), 377-389.
• Barnett, D. (2021). Business Law Today: The Essentials. Cengage Learning.
• Thompson, G. (2018). Business Organizations: Law and Practice. Routledge.
• Ryan, P. (2020). Contracts Law and Practice. West Academic Publishing.
• U.S. Patent and Trademark Office. (2023). General Information Concerning Patents. https://www.uspto.gov/patents/basics
• Klein, M. (2021). Intellectual Property Law. Wolters Kluwer.
• Legal Information Institute. (2023). Employment Law. https://www.law.cornell.edu/wex/employment_law
• Fisher, J., & Ury, W. (2019). Getting to Yes: Negotiating Agreement Without Giving In. Penguin Books.