Employment Discrimination

1
Chapter 34

• Employment Discrimination

2
EEOC

• Equal Employment Opportunity Commission
• Most discrimination complaints must first go here
• EEOC Either
• Will take the case
• Issues right to sue letter

3
Title VII

• Is one section of the Civil Rights Act of 1964
• Covers most employers except small ones
• Prevents certain factors from being used in
  making decisions

4
Title VII-Protected Categories

• Race
• Color
• National Origin
• Sex
• Religion

5
Title VII prevents discrimination in

• Hiring decisions
• Firing decisions
• Promotion
• Compensation
• Any term, condition, or privilege of employment

6
Title VII Actions

• Disparate treatment
• An individual is discriminated against based on a
  protected category.
• Disparate impact
• Employment requirement appears neutral on its
  face, but discriminates against a group
• 80 percent rule

7
Disparate Impact Examples

• Residency requirements
• Height/weight requirements
• Strength requirements
• IQ Tests

8
Sexual Harassment

• First recognized in 1986
• Is considered Title VII discrimination on the
  basis of working conditions
• Is still an evolving area of the law

9
Sexual Harassment

• Quid pro quo
• this for that
• Sexual favors
• Specific incident
• Hostile Environment
• General conduct or conditions
• One incident not usually a violation

10
Hostile Environment

• Employer should take reasonable steps to prevent
• Should have a policy
• Should have a procedure to address complaints
• Policy should be specific about prohibited conduct

11
Hostile Environment Supreme Ct. Decisions

• 1998 Supreme Court Cases
• Eliminated Employer Strict Liability where
• Employer exercised reasonable care
• And
• Employee failed to use company process to redress
• Co. should have effective policy
• Employee must use it first

12
Age Discrimination

• Protects only workers age 40
• Prohibits most mandatory retirement ages
• Protects only against discrimination against
  older workers
• OK to discriminate against younger, even if the
  younger worker is 40

13
Americans With Disabilities Act

• Prevents discrimination
• Prevents asking about disabilities in hiring
  process
• Requires employers to make reasonable
  accommodations

14
Disability is

• Condition that affects major life function
• A record of such a condition
• Being regarded as having such a condition, even
  if one does not

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Reasonable Accommodations

• Employer can be required to spend money to adapt
  a job
• Not required if undue hardship
• BFOQ applies here as well

16
Defenses

• Business necessity
• Merit
• Seniority
• BFOQ

17
Bona Fide Occupational Qualification

• Allows discrimination if the category is a
  legitimate qualification for employment
• Mainly used with gender, sometimes religion.
• National origin?
• Never can be applied to race or color

18
Affirmative Action

• Tough area
• Bakke intermediate scrutiny
• Adarand No, strict scrutiny, no quotas end
  when prob. Is over
• Michigan cases
• 20 point adjustment illegal
• Considering race legal
• Many say these are inconsistent
• These are not employment, but likely apply