In this regard in EEOC Vs Union Independiente de la auoridad de Acueductos(14) the court held that it is not required that the religious beliefs protected by Title VII should be in nature of acceptable ,logical,consistent or comprehensible to others. The requirements is that such belief must be of sincere. The Title VII of the Civil rights Acts of 1964 prohibits any kind of sex discrimination in the form of sexual harrassment in the working place whether it is in employment agencies or in labor organisations.
The Act insists that there should not be any form of sexual advances, verbal or physical conduct of a sexual nature, request for sexual favors in the working place as it may cause adversely in one’s employment. The sexual harrassment may occur in various manner . The aggrieved and the harrasser can be man or woman and the victim does not have to be the opposite sex. The harrasser can be the manager, agent, co-worker or non-employee. EEOC has the power to investigate the harrassment allegations anaysing the circumstances of the incident and nature of eth sexual advances.
The case would be decided based on the case-by-case facts. (Lewis,2004) The laws enforced by the EEOC, ADA, etc consist of the provision regading the retaliation. According to these statutes, an employer cannot scold, downgrade, harrass toretaliate any person to file a charge of discrimination or to engage in discrimination proceedings. Normally retailiation occurs when an employer takes an adverse action against an individual due to his/her appointment in a protected activity.
The adverse action takes place when a prson is kept under wrap from acting against the discriminary practices or from joining an employment discrimination proceeding. The covered individuals are the persons, who are in oppisition of unlawful practices and joined in discrimnatory proceedings . The persons who requested for the religious accomodation related to the discrimination in their employment also considered to be covered individual for the purpose of the act. Individuals who have a close association with someone who has engaged in such protected activity also are covered individuals.
The protected activity includes the opposition to a practice believed to be unlawful discrimination and Participation in an employment discrimination proceeding. A request for a reasonable religious or disability accommodation is considered a protected activity. ( Guerin, 2002)(16) In Hillig Vs Rumsfield(17) it was held that a negative referance that might affect the future job oppertunities is unlawful retaliation for bringing a race discrimination claim even without the proof that a specific job was lost because of the bad referance.
The Act enumerates that the there should be an equal pay for all the employees in the same establishment irrespective of their gender . It is required that the job should be identical but they must be equal. The EPA entitles the employers to pay equal wages to men and women who perform jobs that require equal skill, effort and responsibility, and that are performed under similar working conditions within the same establishment. (Grofman,2004))