Carmen Escobar

Analytic Essay
Does Title VII need to change?
The year is 1964 and the Civil Rights Act has been signed. In this article there is
a section for issues in employment discrimination. In 1964 there was a blatant disregard
for employment opportunity simply based on the color of your skin. So this article was
placed to balance the opportunities and give African Americans a chance at a good
employment. What wasnt taken into account was the changing environment of
immigrants in the United States. It was noticed briefly and handled through various
programs but never expected to become a permanent change in the employment
industry.
Discrimination was never truly defined except for in two forms. The first is
disparate treatment which refers to situations where and employer treats individuals
differently because of their race, ethnicity, sex, etc.(Skrentny 2007, p. 122) For
example not hiring someone simply based on the color of their skin. The other is
disparate impact which refers to situations where an employer utilizes some practice
that is neutral on its face, but impacts some protected category for the job at issue.
(Skrentny 2007, p. 122)For example a task that required reading or writing. An educated
person may accomplish this but an uneducated person would not be able to read or
write to finish it. So basically making the opportunity to advance in a job impossible.
In 1964 the argument was mostly between the Whites and African Americans.
Now in 2014 it has become an issue of Whites and non-Whites. Your race will
determine what kind of work you are more suitable for. Most employers have a
preference and belief that may or may not be correct but they follow. Such as the beliefs
that African American workers are lazy, have attitude, and are scary. And Hispanics
are hard workers and Asians are more studious. Whether you accept this as truth or
not determines how you may see the discrimination in todays workforce because this
belief would determine you getting the job or not.
Diversity should be giving all races a fair chance at decent work but it has been
giving chances to use Title VII to a disadvantage for all. Todays employment has fallen
into a race issue. In trying to accommodate all ethnicities it has pointed out preference
for one race over another depending on the market it is trying to reach. The very issue
that Title VII was trying to prevent. Affirmative action issues falls into this gap. It has its
benefits but to what cost for everyone else who may or cannot use affirmative action.
Corporate America uses racial skills in a more general way to obtain better ideas
for all or any phase of firm operations.(Skrentny 2007, p. 129) Racial skills refers to
situations where employers perceive certain employees to have abilities or competence
for a particular job or organization that others do not have because of their
race.(Skrentny 2007. p. 123) So a racial skill would give you a preference in a specific
community because of your ethnicity and ability to connect with that community. The
Supreme Court hasnt been given the opportunity to rule in an issue of this nature so it
has become an acceptable practice.
Discrimination in 1964 was very different from what it is today. Title VII was
implemented for the very basic and easily seen employment discrimination. In todays
world this article as well as the others in our Civil rights bill have to grow and evolve
as our world has changed. Title VII has been a guide in the right direction. It has
become entwined with the modern issues of immigration and diversity. In each era
change is occurring constantly so therefore these articles should be given a modern
touch that involves our current issues.




Reference
Skrentny, J ohn D. N. p.: Du Bois review, 2007.119-140. Print.