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By Micheal J. Murray
“We hold these Truths to be self-evident, that all Men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty, and the Pursuit of Happiness …” – from the Declaration of Independence.
Our founding fathers laid the groundwork more than 200 years ago. Unfortunately, these “unalienable Rights” did not apply to African Americans (slavery was still legal at the time) or women (who could not vote). African, Hispanic, and Asian Americans have spent the last two centuries fighting for equality in the eyes of the law, law enforcement, courts, and public opinion. The black Civil Rights Movement of the 1960s galvanized the nation and led to sweeping legislation – the Civil Rights Act of 1964.
Title VII of the Civil Rights Act of 1964 protects individuals against employment discrimination on the basis of sex (including pregnancy), race, color, national origin, and religion. The statute applies to private sector employers with 15 or more employees and public sector employers at the federal, state, and local level. Title VII prohibits employment decisions based on stereotypes and assumptions about abilities, traits, or the performance of individuals on the basis of their protected status.
After 40 years of the Civil Rights Act, where do we stand now? There have been some momentous improvements, to be sure.

Here are just a few:

• Civil rights polarized America in the 1960s; today 81% of Americans now say the movement was “extremely” or “very important.”
• Most Americans report living in racially diverse communities.
• In 1958, an overwhelming 94% said they opposed interracial marriage; in 2003, 73% of Americans approved of it.
• The passing of the Act allowed Americans to vote for a black presidential candidate.
• In a 2003 survey, 70% of Americans said the quality of life for blacks has improved during the past 10 years.

In 2008, the US Equal Employment Opportunity Commission (EEOC), the federal agency that enforces laws including Title VII (prohibiting discrimination on various bases including sex, race, ethnicity, and national origin), disclosed that it received 95,402 private sector charges (formal complaints) of discrimination in 2008, a 15.2% increase over 2007.
Many experts predict that the volatile economic environment will contribute to further increases in employee litigation in 2009. As jobs become scarcer and layoffs more common, employees have both heightened sensitivity to the possibility of losing their jobs and economic incentives to try to obtain money through legal action.
In today’s business climate, the question is not whether they will be the target of employee legal action, but how much they will be affected by it. More than ever it is important to reinforce the fundamental elements of litigation loss control: Having the right policies in place, training the workforce (especially supervisors), and instituting effective procedures to detect, investigate, and respond to concerns. In light of the recent important changes in the regulation of employment, continuous training and review takes on new importance; organizations cannot rely on outdated knowledge.
Having regular access to expert advisors may now take on the importance of a necessity rather than a luxury.
Please contact a friendly, trusted advisor at First Place Employer Services for questions concerning the workplace at (877) 634-7787. www.1stplacemployer.com You can also find them on Twitter @1stplacemployer