Employment Discrimination

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Employment Discrimination

• Chapter 21

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The Civil Rights Act of 1964, Title VII
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EEOC

• Independent administrative agency that has 5
  members
• Responsible for administration and enforcement
  of
• (a) Title VII
• (b) Age Discrimination in Employment Act
• (c) Americans with Disability Act
• (d) Equal Pay Act

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Title VII
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Two Types of Discrimination

• 1. Disparate Treatment
• - Occurs when employer intentionally
  discriminates and treats members of one class
  different from another class

• 2. Disparate Impact
• - Occurs when employment practices appear
  neutral on the surface, but adversely affects a
  protected class

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Gender Discrimination

• May be based on pregnancy
• Title VII was amended in 1978 by the Pregnancy
  Discrimination Act
• May be sexual harassment
• Be familiar with the reasonable woman standard
  in sexual harassment cases brought by females.
  This standard focuses on the perspective of the
  victim.

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Sexual Harassment

• May be quid pro quo or hostile work environment
• Typically employers are liable if quid pro quo
  even if the employer did not know about the
  harassmement.
• However, typically employers are not liable if
  hostile work environment cases unless the
  employer knew or should have know about the
  harassment and failed to take remedial action.

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Race or Color Discrimination

• Educational requirements for certain jobs (such
  as janitor) may be illegal because of the impact
  it has on ethnic minorities.
• See also the Civil Rights Act
• of 1866, 1875, and 1991 along
• with the 13th, 14th and 15th
• Amendments to the Constitution.

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Religion

• Employer may not be required to accommodate
  religious practices or beliefs under Title VII if
  it causes undue hardship in the process of
  doing business.
• Employers need make only reasonable
  accommodations for religious practices.

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Equal Pay Act of 1963

• Prohibits gender-based discrimination in matters
  of wages.
• Pay for women and men for equal work on jobs that
  require equal skills, effort and responsibility
  and that are performed under similar conditions
  must be equal.
• Pay differentials may be permitted if for
  considerations other than gender.

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Age Discrimination in Employment Act (1967)

• Persons 40 and older are protected (with no upper
  age limit)

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Americans with Disabilities Act of 1990

• Prohibits discrimination in business and public
  settings against people with disabilities
• Employers must make reasonable accommodations
• Employer may deny accommodations to an employee
  under the ADA if it causes undue hardship in the
  process of doing business
• Under the ADA a business can allow a person who
  holds seniority to have preference over a person
  with a disability for the job, if a seniority
  system is in place.

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ADA

• A person with disabilities is a person who
• (1) has an impairment that substantially limits 1
  or more major life activities
• (2)has a record of such impairment OR
• (3) is regarded as having such impairment.

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Statutory Defenses to Discrimination Cases

• 1. BFOQ (Bona Fide Occupational
  Qualifications)
• 2. Bona Fide Seniority or Merit Systems with no
  intent to discriminate
• 3. Business necessity - e.g. if a definite
  connection exists between a high school education
  and job performance, then the employer will
  succeed in this defense.
• 4. After-acquired evidence of employee misconduct
  will not shield employer, but may limit
  damages.
• Race or color cannot be used as a BFOQ
• Customer preference or market force theory
• are not BFOQs.
• Discrimination based upon sex
• is permitted if it is a valid BFOQ for the
  position.

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Affirmative Action

• Refers to remedial steps taken to improve work
  opportunities for women and for racial and ethnic
  minorities who suffered economic harm because as
  classes they were deprived of job opportunities
  in the past.
• These plans may cause, at times, reverse
  discrimination.

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Requirements for affirmative action plan

• Affirmative action programs are invalid unless
  they attempt to remedy past of current
  discrimination.
• Affirmative action plans must be substantially
  related to important government objectives.
• If an employer has an affirmation action program
  the employer must publicize the program both
  internally and externally.
• Quotas are illegal.

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• THE END