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A Study on the Employment Discrimination Law and System in USA: Title Ⅶ 0f the Civil Rights Act

  • DONG-A LAW REVIEW
  • 2015, (67), pp.389-433
  • Publisher : The Institute for Legal Studies Dong-A University
  • Research Area : Social Science > Law

Byung-Woon Lee 1

1순천대학교

Accredited

ABSTRACT

The social institution in U.S.A has influenced to Korea, but generally the legal system including the labor law and system has not been introduced as a well-arranged type. The main reasons are that the precedents has been played an important part as an Anglo-American law system focused on Common Law not the Continental Law as like Korea, and the legislative system has been operated differently between the federal courts and state courts. We thinks that. The introduction of U.S Employment Discrimination Law and System well-arranged will be useful to the persons in charge of labor policy, active labor jurist, and research students by these reasons. In addition, the comparative analysis and evaluation of Korean law and American law will have great significance. A field has the largest numbers of lawsuits will be the employment discrimination problems in the labor laws in the United States. The Title VII of the Civil Rights Act of 1964 is the most comprehensive discrimination legislation, and the act established EEOC(Equal Employment Opportunity Commission) and also prohibited the employment discrimination by the race, color, sex, country of origin, or religion. This study will introduce the philosophy and the legal principle of U.S employment discrimination law. This study is based on two critical minds. One is the contents of the employment discrimination law, and how the society of the United States is by the law. The other is the critical mind to ease the earning differentials by the regulation in accordance with the employment discrimination law focusing on the personal factors of the worker as a solution for the labor polarization by the increasing non-regular workers. We will provide the prospects and the implications for the employment discrimination law and system in Korea through the process of establishment of the discrimination law in the United States by the critical mind, and the verification of the legal principles of this law. Today the United States has not resolved the unfair by the employment discrimination law, furthermore, the social injustice has been expanded by new factors. This is that the establishment of employment discrimination law is not the only solution of the discrimination problems. Korea is different essentially from the United States is multinational and immigrant community, and also the employment structure of each country is different. But Korea shall learn the philosophy and the legal principle of the employment discrimination law in the United States. This study considers the establishment and amendment of the Title VII of the Civil Rights Act, procedure of relief and contents, type of anti-discrimination, and the principles for the formation of discrimination on the employment in the Title VII of the Act and the methodology of the discrimination regulation in the preliminary stage with the above purpose or the critical mind. The concept and structure of the employment discrimination law in the United States, the employer's liability and the burden of the proof that are the theoretical discussion structure, the legal principles and proving method of the discriminative treatment and the influence, and the details of the affirmative discrimination corrective actions and the judical review will be future challenges.

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