Discrimination Statutes

1
Discrimination Statutes

• Americans with Disabilities Act (ADA)
• 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.
• Business must provide reasonable accommodations
  to protect the rights of individuals with
  disabilities in all aspects of employment.
  Possible changes may include restructuring jobs,
  altering the layout of workstations, or modifying
  equipment.
• Case Study What is a disability?
• Salmon v. Dade County School Board

2
Discrimination Statutes

• Age Discrimination in Employment Act (ADEA)
• protects individuals who are 40 years of age or
  older from employment discrimination based on
  age.
• applies to both employees and job applicants.
  Under the ADEA, it is unlawful to discriminate
  against a person because of his/her age with
  respect to any term, condition, or privilege of
  employment -- including, but not limited to,
  hiring, firing, promotion, layoff, compensation,
  benefits, job assignments, and training.
• applies to employers with 20 or more employees.

3
Discrimination Statutes

• Title VII of Civil Rights Act of 1964
• It shall be an unlawful employment practice for
  an employer-
• to fail or refuse to hire or to discharge any
  individual, or otherwise to discriminate against
  any individual with respect to his compensation,
  terms, conditions, or privileges of employment,
  because of such individual's race, color,
  religion, sex, or national origin

4
Discrimination Statutes

• Title VI of the Civil Rights Act of 1964
• No person in the United States shall, on the
  ground of race, color, or national origin, be
  excluded from participation in, be denied the
  benefits of, or be subjected to discrimination
  under any program or activity receiving Federal
  financial assistance.

5
Discrimination Statutes

• Title IX of Education Amendments of 1972
• No person in the United States shall, on the
  basis of sex, be excluded from participation in,
  be denied the benefits of, or be subjected to
  discrimination under any education program or
  activity receiving Federal financial assistance

6
Sexual Harassment

• Sexual harassment is a form of sex discrimination
• Title VII discrimination in employment
• Title IX discrimination in educational programs
• Sexual Harassment (EEOC)
• Unwelcome sexual advances, requests for sexual
  favors, and other verbal or physical conduct of a
  sexual nature constitutes sexual harassment when
  submission to or rejection of this conduct
  explicitly or implicitly affects an individual's
  employment, unreasonably interferes with an
  individual's work performance or creates an
  intimidating, hostile or offensive work
  environment.

7
Sexual Harassment

• Two Types of Sexual Harassment
• Quid pro quo
• Something for something
• Tangible consequences or threat of consequences
• Hostile work environment
• Established in Meritor v. Vinson (1986)
• Case Study - Faragher v. City of Boca Raton

8
Sexual Harassment

• Hostile work environment Defined (Farragher)
• must be both objectively and subjectively
  offensive, one that a reasonable person would
  find hostile or abusive, and one that the victim
  in fact did perceive to be so
• determine whether an environment is
  sufficiently hostile or abusive by "looking at
  all the circumstances," including the "frequency
  of the discriminatory conduct its severity
  whether it is physically threatening  or
  humiliating, or a mere offensive utterance and
  whether it unreasonably interferes with an
  employee's work performance."
• Title VII does not prohibit "genuine but
  innocuous differences in the ways men and women
  routinely interact with members of the same sex
  and of the opposite sex." A recurring point in
  these opinions is that "simple teasing," offhand
  comments, and isolated incidents (unless
  extremely serious) will not amount to
  discriminatory changes in the "terms and
  conditions of employment."

9
Sexual Harassment

• Hostile work environment Vicarious Liability
  
• Non-Supervisor harassment Employer liable if
• Had notice of harassment
• Failed to take reasonable steps to prevent
  harassment
• Supervisor harassment with no adverse
  consequences Employer liable unless asserts and
  proves affirmative defense
• Employer acted reasonably to prevent or rectify
  the harassment
• Showing that employee failed to report harassment
  in timely fashion, especially where a published
  policy exists.
• Supervisor harassment with adverse consequences
• Employer can not assert affirmative defense

10
Sexual Harassment

• Teacher-to-Student Harassment
• Quid pro Quo/Hostile Learning Environment
• Institutional Liability
• Did the school know or should they have known?
• Did the school fail to act reasonably to stop the
  misconduct?
• Compensatory as well as punitive damages may be
  sought in a school setting
• Focus on special relationship between school
  and student
• Actual notice required for recovery under Title IX

11
Sexual Harassment

• Student-to-Student Harassment
• Davis v. Monroe County Board of Ed. (page 227)
• School is liable if
• School officials know of harassment
• Deliberately indifferent
• Harassment is so pervasive and objectively
  offensive that it deprives victims access to
  educational opportunities

12
Sexual Harassment

• Student-to-Student Harassment
• Davis v. Monroe County Board of Ed. (page 227)
• School is liable if
• School officials know of harassment
• Deliberately indifferent
• Harassment is so pervasive and objectively
  offensive that it deprives victims access to
  educational opportunities

13
Sexual Harassment

• Case Studies
• Same sex harassment
• Oncale
• Bibby
• Harassment based on sexual orientation
• Courts have sent conflicting messages
• Schroeder v. Hamilton School District (7th Cir.)
• Title VII does not provide a private right of
  action based on sexual orientation discrimination