Definition
Preferential Rehiring
Preferential rehiring is a legal provision found in Title VII of the Civil Rights Act of 1964. According to Section 203(g) of this legislation, companies may be required to reinstate or hire employees with back pay if it is determined that illegal job discrimination has taken place. This measure is designed to “make whole” the victims of past discrimination, ensuring that they are compensated for the time and opportunities lost due to unfair employment practices.
Examples
- Case of Racial Discrimination: An employee who was fired due to racial discrimination can seek justice under preferential rehiring. If the court sides with the employee, the company may be mandated to reinstate the individual with appropriate back pay.
- Gender Disparity: If a woman was denied a promotion or terminated due to her gender, under preferential rehiring provisions, the company must reinstate her and compensate for lost wages.
- Disability Discrimination: An employee who was terminated because of a disability may be re-employed under this provision if a court determines discrimination was the reason for their dismissal.
Frequently Asked Questions
1. What is the goal of preferential rehiring?
The primary objective of preferential rehiring is to “make whole” victims of illegal job discrimination by ensuring they are reinstated to their positions and compensated for lost wages.
2. Under what circumstances can preferential rehiring be applied?
Preferential rehiring can be applied in cases where illegal job discrimination, as defined under Title VII of the 1964 Civil Rights Act, has been proven.
3. What types of discrimination does preferential rehiring cover?
Preferential rehiring covers various forms of illegal discrimination, including but not limited to, discrimination based on race, gender, national origin, religion, age, and disability.
4. Does preferential rehiring include compensation?
Yes, preferential rehiring includes reinstatement or new hiring with back pay, thus compensating for wages lost during the period of discrimination.
5. Who enforces preferential rehiring provisions?
The U.S. Equal Employment Opportunity Commission (EEOC) enforces these provisions, often through litigation in federal courts.
6. How does an employee seek preferential rehiring?
An employee who believes they have been discriminated against must file a charge with the EEOC. If the EEOC finds merit in the claim, it may pursue litigation on behalf of the employee.
7. Are there any limitations to preferential rehiring?
Preferential rehiring is subject to legal scrutiny, and the burden of proof lies with the employee to show that discrimination occurred.
Related Terms and Definitions
- Title VII: A section of the Civil Rights Act of 1964 that prohibits employment discrimination based on race, color, religion, sex, and national origin.
- Back Pay: Wages that an employee claims to be owed after wrongful termination or discrimination.
- EEOC (Equal Employment Opportunity Commission): A federal agency enforcing laws against workplace discrimination.
- Wrongful Termination: The unjust or illegal firing of an employee in violation of federal or state laws.
Online References
- Equal Employment Opportunity Commission (EEOC) - The official site for the EEOC, providing resources and guidelines on workplace discrimination.
- U.S. Department of Labor Civil Rights Center - Information on civil rights laws enforced by the Department of Labor.
Suggested Books for Further Studies
- “Employment Law: Cases and Materials” by Mark A. Rothstein and Lance Liebman
- “The Law of Employment Discrimination: Cases and Materials” by Joel Wm. Friedman
- “Understanding Employment Discrimination Law” by Thomas R. Haggard
Fundamentals of Preferential Rehiring: Employment Law Basics Quiz
Thank you for exploring the preferential rehiring provision under Title VII of the 1964 Civil Rights Act. Continue to enhance your understanding of employment law and workplace rights!
