CIVIL RIGHTS

1
CIVIL RIGHTS

• Brief Legal History of
• Civil Rights Legislation

2
List of Statues

• The following list of statues will be organized
  in the following manner
• First the Date
• Name of the Statue
• Provisions
• (and at times comments)

3

• Under the Andrew Johnson and Ulysses S. Grant
  administration the following two acts were passed
  by Congress and signed by the President
• 1866 and 1877
• Civil Rights Acts of 1866 and 1870

4
Civil Right Acts 1866 and 1870

• Provisions
• Prohibited intentional discrimination based on
  race, color, national origin or ethnicity.
• Permitted Lawsuits
• Comment
• Key is the word intentional
• No gender

5
Equal Pay Act

• 1963, signed by John F. Kennedy
• Equal Pay Act
• Passed as an amendment to Wages and Hours Act,
  passed by the U.S. Congress in 1938 to establish
  minimum living standards for workers engaged
  directly or indirectly in interstate commerce,
  including those involved in production of goods
  bound for such commerce.

6
Equal Pay Act

• Provisions
• Prohibits paying workers of one sex different
  wages from the other when the job involves
  substantially similar skills, effort, and
  responsibility
• Wage and Hour Division of the Department of Labor
  enforces the law

7
Equal Pay Act

• Private Lawsuits with double damage recovery for
  up to three years plus attorney's fees.

8
Civil Rights Act

• 1964, signed by Lyndon B. Johnson
• Civil Rights Act
• Provisions
• Outlaws all employment discrimination on the
  basis of race, color, religion, sex, or national
  origin.
• Applies to
• hiring

9
Civil Rights Act, 1964

• Provisions (Continuation)
• Applies to (continuation)
• pay
• working conditions
• promotion
• discipline
• and discharge
• Enforcer
• Equal Employment Opportunity Commission

10
Civil Rights Act, 1964

• Enforcer
• Created the Equal Employment Opportunity
  Commission (EEOC)
• The EEOC is composed of five members, not more
  than three of whom shall be members of the same
  political party. Members of the Commission shall
  be appointed by the President by and with the
  advice and consent of the Senate for a term of
  five years.

11
Civil Rights Act, 1964

• Lawsuits
• Attorney fees and costs recoverable
• Lots more on this act after all the other acts
  are discussed

12
Age Discrimination in Employment Act

• 1967, also signed by Johnson
• Provisions
• Prohibits employment discrimination because of
  age against employees over 40 and mandatory
  retirement restrictions

13
Equal Employment Opportunity Act

• 1972, signed by President Richard M. Nixon
• Amended Title VII to broaden it and to provide
  EEOC greater ability to bring enforcement action
  in the courts.
• Discrimination charges could be brought by
  organizations on behalf of aggrieved individuals,
  as well as by employees and job applicants
  themselves.

14
Rehabilitation Act

• Prohibits Employment Discrimination on the basis
  of a handicap.
• Comments
• It specifically indicates that none of the
  following will be considered Handicap
• The term "individual with a disability" does not
  include an individual who is currently engaging
  in the illegal use of drugs

15
Rehabilitation Act

• Comments (continuation)
• It specifically indicates that none of the
  following will be considered Handicap
  (Continuation)
• the term "individual with a disability"does not
  include an individual on the basis of
  homosexuality or bisexuality

16
Rehabilitation Act

• Comments (continuation)
• the term"individual with a disability" does not
  include an individual on the basis of
• (i) transvestism, transsexualism,
  pedophilia,exhibitionism, voyeurism, gender
  identity disorders not resulting from physical
  impairments, or other sexual behavior disorders
  
• (ii) compulsive gambling, kleptomania, or
  pyromania or
• (iii) psychoactive substance use disorders
  resulting from current illegal use of drugs.

17
Pregnancy Discrimination Act

• 1978, signed by President Jimmy Carter
• Prohibits discrimination on the basis of
  pregnancy, childbirth, or related illness in
  employment opportunities, health or disability
  insurance programs, or sick leave plans.

18
Pregnancy Discrimination Act

• Specifically
• Prohibits termination or refusal to hire or
  promotion of women solely because they are
  pregnant.
• Bars fixed pregnancy leave conditions.
• Protects reinstatement rights of women on
  pregnancy leave.
• Treats pregnancy as any other disability under
  fringe benefit plans

19
Pregnancy Discrimination Act

• Specifically
• If an employee is temporarily unable to perform
  her job due to pregnancy, the employer must treat
  her the same as any other temporarily disabled
  employee for example, by providing modified
  tasks, alternative assignments, disability leave
  or leave without pay.

20
Pregnancy Discrimination Act

• Specifically
• Pregnancy related benefits cannot be limited to
  married employees. In an all-female workforce or
  job classification, benefits must be provided for
  pregnancy related conditions if benefits are
  provided for other medical conditions..

21
Pregnancy Discrimination Act

• Specifically
• If an employer provides any benefits to workers
  on leave, the employer must provide the same
  benefits for those on leave for pregnancy related
  conditions.
• Employees with pregnancy related disabilities
  must be treated the same as other temporarily
  disabled employees for accrual and crediting of
  seniority, vacation calculation, pay increases
  and temporary disability benefits.

22
American with Disability Acts

• 1990, signed by President George Bush
• No covered entity shall discriminate against a
  qualified individual with a disability because of
  the disability of such individual in regard to
  job application procedures, the
  hiring,advancement, or discharge of employees,
  employee compensation, job training, and other
  terms, conditions, and privileges of employment.

23
American with Disability Acts

• The term discrimination is to mean
• limiting, segregating, or classifying a job
  applicant or employee in a way that adversely
  affects the opportunities or status of such
  applicant or employee because of the disability
  of such applicant or employee
• excluding or otherwise denying equal jobs or
  benefits to a qualified individual because of the
  known disability of an individual with whom the
  qualified individual is known to have a
  relationship or association

24
American with Disability Acts

• The term discrimination is to mean
  (continuation)
• not making reasonable accommodations to the known
  physical or mental limitations of an otherwise
  qualified individual with a disability who is an
  applicant or employee, unless such covered entity
  can demonstrate that the accommodation would
  impose an undue hardship on the operation of the
  business of such covered entity

25
American with Disability Acts

• The term discrimination is to mean
  (continuation)
• denying employment opportunities to a job
  applicant or employee who is an otherwise
  qualified individual with a disability, if such
  denial is based on the need of such covered
  entity to make reasonable accommodation to the
  physical or mental impairments of the employee or
  applicant

26
American with Disability Acts

• The term discrimination is to mean
  (continuation)
• using qualification standards, employment tests
  or other selection criteria that screen out or
  tend to screen out an individual with a
  disability or a class of individuals with
  disabilities unless the standard, test or other
  selection criteria, as used by the covered
  entity,is shown to be jobrelated for the
  position in question and is consistent with
  business necessity

27
American with Disability Acts

• The term discrimination is to mean
  (continuation)
• failing to select and administer tests concerning
  employment in the most effective manner to ensure
  that, when such test is administered to a job
  applicant or employee who has a disability that
  impairs sensory,manual, or speaking skills, such
  test results accurately reflect the skills,
  aptitude, or whatever other factor of such
  applicant or employee that such test purports to
  measure, rather than reflecting the impaired
  sensory, manual, or speaking skills of such
  employee or applicant (except where such skills
  are the factors that the test purports to
  measure).

28
Civil Rights Act of 1991

• Expanded the Civil Rights Act of 1964 and was
  also signed by President Bush
• Main Purposes
• Extended punitive damages and jury trials to
  victims of employment discrimination.
• Put women on equal basis with victims of
  race-based discrimination.
• Put more of the burden of proof of
  non-discrimination on the employer

29
Act of 1991

• Extended punitive damages and jury trials to
  victims of employment discrimination.
• Determination of punitive damages. - A
  complaining party may recover punitive damages
  under this section against a respondent(other
  than a government, government agency or political
  subdivision) if the complaining party
  demonstrates that the respondent engaged in a
  discriminatory practice or discriminatory
  practices with malice or with reckless
  indifference to the federally protected rights of
  an aggrieved individual

30
Act of 1991

• Put women on equal basis with victims of
  race-based discrimination.
• Set up a "Glass Ceiling Commission"
• to focus attention on, and complete a study
  relating to, the existence of artificial barriers
  to the advancement of women and minorities in the
  workplace, and to make recommendations for
  overcoming such barriers. The Commission is to
  be composed of 21 members, with the Secretary of
  Labor serving as the Chairperson of the
  Commission. This title does not directly impose
  any responsibilities or obligations on the EEOC
  except to provide information and technical
  assistance as requested by the new Commission.

31
Act of 1991

• Put more of the burden of proof of
  non-discrimination on the employer
• It was a reaction to two cases that had gone
  before the Supreme Court
• Griggs v. Duke Power Co., 401 U.S. 424 (1971)
• Wards Cove Packing Co. v. Antonio, 490 U.S. 642
  (1989)
• More about this later.

32
Act of 1991

• In Essence
• Companies had used a loop-hole in the 1964 Act
  and subsequent acts which allowed them to
  establish business-related and job related
  conditions to continue to discriminate.
• Mainly, because it was up to the employee to
  prove they were being discriminated against

33
Charge Statistics by the EEOCFY 1992 Through FY
2000
34
Direct Suits by EEOC
35
Resolutions Obtained by EEOC
36
Resolutions Obtained by EEOC(NOTE Concurrent
where more than one act was in issue)
37
Civil Rights Act of 1964

• Application of Title VII
• Groups Covered
• Employers with at least 15 workers daily for at
  least for 20 weeks in current of previous year
• Labor union with 15 members or more
• Employment agency procuring worker for employers
  covered
• Labor union/agencies with at least 15 employees
• State and local agencies

38
Civil Rights Act of 1964

• Application of Title VII
• Groups NOT Covered
• Employment of Aliens Outside the U.S.
• Religious corporations associations, educational
  institutions, or societies are exempt when the
  employment of individuals of a particular
  religion is connected with the activities of such
  corporations, associations, educational
  institutions, or societies
• ISSUE Funding for faith based organizations
  proposed by President Bush

39
Civil Rights Act of 1964

• Application of Title VII
• Groups NOT Covered (continuation)
• Congress is exempt from Civil Rights Act of 1964
• Federal Government and Corporations owned by the
  Federal Government are exempt from Title VII.
  However, some prohibitions in other statues have
  been implemented by the Federal Government
• American Indian Peoples and departments and
  agencies in Washington D.C.

40
Civil Rights Act of 1964

• Employment Procedures Covered
• Hiring, compensation, training programs,
  promotion, demotion, transfer, fringe benefits,
  employer rules, working conditions, and
  dismissals
• If the agency is a employment agency, then also
  included are referrals

41
Civil Rights Act of 1964

• Theories of Discrimination under the Title VII
  Act
• Disparate Treatment
• Disparate Impact
• Pattern or Practiced of Discrimination

42
Disparate Treatment

• Differential Treatment with the Intention to
  Discriminate
• RESPONDENT, BLACK CIVIL RIGHTS ACTIVIST, ENGAGED
  IN DISRUPTIVE AND ILLEGAL ACTIVITY AGAINST
  PETITIONER AS PART OF HIS PROTEST THAT HIS
  DISCHARGE AS AN EMPLOYEE OF PETITIONER'S AND THE
  FIRM'S GENERAL HIRING PRACTICES WERE RACIALLY
  MOTIVATED. WHEN PETITIONER, WHO SUBSEQUENTLY
  ADVERTISED FOR QUALIFIED PERSONNEL, REJECTED
  RESPONDENT'S RE-EMPLOYMENT APPLICATION ON THE
  GROUND OF THE ILLEGAL CONDUCT, RESPONDENT FILED
  A COMPLAINT WITH THE EQUAL EMPLOYMENT
  OPPORTUNITY COMMISSION (EEOC) CHARGING VIOLATION
  OF TITLE VII OF THE CIVIL RIGHTS ACT OF 1964

43
Disparate Treatment

• Differential Treatment with the Intention to
  Discriminate
• Neither the EEOC, nor the lower court, nor the
  appeals court would stand for Mr. Green since the
  block of traffic encouraged by Mr. Green was not
  covered under the Title VII
• The Supreme Court send it back to Congress so
  that changes would be made to the law.

44
Disparate Treatment

• Differential Treatment with the Intention to
  Discriminate
• From then on, this has become the prima facie for
  discrimination
• Plaintiff belongs to a Minority
• Plaintiff applied for and was qualified for the
  job
• Plaintiff despite job qualifications is rejected
• Job remains OPEN and employer still seeking

45
DisparateImpact

• Practice or practices that have a
  disproportionately adverse effect on women or
  minorities. In one case it was due to a hiring
  practice
• Wards Cove Packing V. Antonio
• At issue were jobs at a Alaskan salmon canneries
  of two kinds
• unskilled "cannery jobs" on the cannery lines,
  which are filled predominantly by nonwhites
• and "non-cannery jobs," most of which are
  classified as skilled positions and filled
  predominantly with white workers

46
DisparateImpact

• Wards Cove Packing V. Antonio (continuation)
• The Court of Appeals erred in ruling that a
  comparison of the percentage of cannery workers
  who are nonwhite and the percentage of
  non-cannery workers who are nonwhite makes out a
  prima facie disparate-impact case.
• Rather, the proper comparison is generally
  between the racial composition of the at-issue
  jobs and the racial composition of the qualified
  population in the relevant labor market.

47
DisparateImpact

• Wards Cove Packing V. Antonio (continuation)
• From this case it appeared as if the business
  demonstrated justification for the discriminatory
  practice then
• The employee had to disprove the justification
  and present an alternative

48
DisparateImpact

• Wards Cove Packing V. Antonio (continuation)
• The Civil Right Act of 1991 changed that to
• Employee had to show impact of operation
• Business how to show why operation was a
  business necessity
• The Act did not reverse the statistical approach
  suggested by the Supreme Court

49
DisparateImpact

• GRIGGS V. DUKE POWER CO.
• At issue whether Duke could require a high school
  diploma or an intelligence test which mostly
  discriminates against a particular ethnic or
  racial group
• The Civil Rights Act of 1991 prohibited test
  whose main purpose was to discriminate against
  particular groups and if it was not related the
  skills needed for the job

50
Pattern or Practice of Discrimination

• Here the discrimination is not against an
  individual BUT against a covered group
• Tools used in this type of discrimination are
• Circumstantial evidence
• Statistical discrimination

51
Specific Applications of Title VII

• Sex Discrimination
• Policies that injure a gender over an other
• Examples
• An Alabama penitentiary required officers to be
  at least 52 feet tall
• State or county regulations which prohibit women
  from working certain hours to ensure they are
  available for their kids

52
Sexual Harassment Background

• 72 of US Employers have Romance Policies, 1997
  data
• Sexual Harassment Cases Filed
• 1991 1,221 cases
• 1997 15,889 cases
• An increase of 1,201
• Filed by women in 1997 88.4
• 4.7 deemed by EEOC to have merit

53
Sexual Harassment

• Person and Employer are liable when Sexual
  Harassment occurs
• There are two forms of sexual harassment
• Quid Pro Quo
• Atmosphere

54
Sexual Harassment

• Quid Pro Quo
• Employee is required to provide sexual favors in
  order to remain employed, secure a promotion, or
  obtain a raise
• Atmosphere of Harassment
• Language, pictures, suggestions, etc. that is so
  pervasive as to become a hostile environment

55
Sexual Harassment

• In August of 1999, the EEOC and Long Prairie
  Packing Company, Inc. (LLP) (Minnesota) announced
  that they reached a voluntary 1.9 million
  settlement that resolved all claims in an EEOC
  lawsuit filed on behalf of a class of current and
  former LPP male employees who were alleged to
  have been subjected to a pattern and practice of
  sexual harassment

56
Affirmative Action

• Not Explicitly stated in Title VII
• Pros Supreme Court sanctioned it as a method to
  bring equal footing for women and minorities
• Method of improving societals discrimination
• Method of correcting past discrimination
  practices

57
Affirmative Action

• Cons Leads to reverse discrimination
• Psychological impact
• Whites feel not rewarded
• Minorities or women wonder if reward is due
  mainly to their demographics rather than their
  abilities

58
Groups that face Affirmative Action

• Executive Action
• State and local agencies, University and College
  which receive federal funds
• Government Contractors
• Business that work on Federal Projects
• For instance, the requirement that 10 of the
  subcontractors be minority or women owned

59
Groups that face Affirmative Action

• Court ordered to remedy for past discrimination
• FACT
• Quotas have been rare or minimal specially when
  considering the public attention they have
  received

60
Enforcement of Title VII

• Bring Complaint to EEOC or EEOC approved state
  agency
• About 180 days (and at times 300 days if filing
  was done first at a state or local level or 30
  days after being notified by them that the case
  was terminated, which ever comes first ) from the
  time the event occurred to filing claim
• EEOC or approved state agency has 10 days to
  provide firm with notification of complaint

61
Enforcement of Title VII

• EEOC has 180 days for negotiation or settlement
• If in those 180 days, EEOC does not obtain action
  it will give employee a right to sue letter