|
Employees may be discriminated upon in the workplace in many ways. Title VII is a significant Federal Law that safeguards the employee from such discrimination. It is important for employees to understand the law so that they are not exploited in this regard. Given below are a few questions that have been answered regarding Title VII discrimination: Is it possible for Title VII to overrule the working conditions and rules that have been mentioned in the employment agreement?
Employment agreements or company policies do not generally overrule Federal laws. As Title VII is a Federal law, the terms mentioned in an employment agreement may not be able to overrule the policies regarding racial discrimination. However, an employee may give his/her consent to relinquish one’s rights pertaining to Title VII protection with retroactive effect. This would imply that the employee may enter into a release of claims in exchange for severance pay or other benefits. If the case of Title VII mediation has been settled in one’s favor, what can be considered as a good settlement amount?
A settlement may be arrived at by considering factors such as the value of the lost pay and benefits, loss because of emotional distress, reduced credit rating, etc. One should be able to get at least the lost pay and benefits as the trial may not be a long one. In the event that an employee is isolated, because of the company changing the employee’s work schedule; would it be considered as violation under Title VII?
In the event that the employee feels that he/she is being isolated by the company, is conscious that the company is treating him/her more critically or perceives that the employment relationship has been adversely changed because of unlawful discrimination; Title VII would have been violated. As per Title VII, unlawful discrimination is dependent upon factors like religion, color, race, sex or national origin. If a plaintiff wins a case of Federal racial discrimination under the Title VII lawsuit; who would determine the damages and how are they ascertained? If a Section 1981 retaliation claim is attached to the original claim; would it get awarded separately?
In a case such as this, one may be able to recover lost pay and benefits until such a time where one has been able to get similar employment. As per Title VII, one may be eligible to receive punitive damages if the employee is able to prove that the company showed intentional discrimination or if malicious acts were performed. Section 1981 would assist one to fight for punitive damages if the claim is proved. The settlement amount could be a large sum if the damages are being recovered from a big organization or government entity. All employees have the right to work in a place that is free of workplace discrimination so that they can perform their duties to the best of their ability. This is the very reason why Title VII was framed. Many employees may not have complete information about the Title VII and hence may have many questions about it. You may ask an employment lawyer if you have any questions about Title VII.
Related Articles -
Title VII, title vii rights, employment lawyers, discrimination at work, racial discrimination, federal laws, title vii of the civil rights act, title,
| 
