2Title VII of the Civil Rights Act of 1964 C. W. Von BergenSoutheastern Oklahoma State UniversityDecember 10, 2009
3Title VII of the CRA of 1964 Training for Bryan County Sheriff’s Office (BCSO) Why training now?Some U.S. history regarding equal opportunityTitle VII of the CRA of 1964Sex and pregnancy discriminationBryan County Sheriff’s Office Sex and Pregnancy Anti-Discrimination PolicyExamination (90% minimum)
4Title VIIWhy Training Now?As part of a consent degree between United States and the Bryan County Sheriff’s Department regarding a matter of employment discrimination based on sex and pregnancyYou will become familiar with:Title VII’s prohibition on employment discrimination based on sex and pregnancydepartmental policies prohibiting employment discrimination based on sex and pregnancydepartmental policies and procedures for determining whether to place a pregnant employee on limited or light dutydepartmental policies and procedures for submitting complaints of employment discrimination based on sex and pregnancy
5Employment Rights: Some Values, Some History, and Some Laws Title VIIEmployment Rights: Some Values, Some History, and Some LawsKey American ValuesCivil Rights HistoryThe Legal System in the U.S.
6Some Key American Values Title VIISome Key American ValuesChoiceIndividual freedoms and rightsOptimismEqualityMeritocracy—decisions made based upon talent, ability, and competence as demonstrated by past actions or by fair competition (merit).
7Title VIIDiscriminationDiscrimination simply means making distinctions; distinctions among people or classes in the workplaceLawful discrimination based on merit and job-related factors in areas like:who should get promotedwho should receive a pay increase or bonuswho will be laid offother workplace activities
8Civil Rights History Our Country’s Founding Civil War Title VIICivil Rights HistoryOur Country’s FoundingCivil WarCivil Rights Movement (1960s)RaceSex/Gender1960s+ StrugglesVeteransOlder AmericansDisabilitiesSexual orientation
9U.S. Legal System (equal opportunity) Title VIIU.S. Legal System (equal opportunity)Federal LevelThe Constitution and AmendmentsThe legislative branchThe judicial branchThe executive branchDepartment of LaborDepartment of JusticeEqual Employment Opportunity Commission (EEOC)State LevelOklahoma Human Rights Commission
10Summary of Major EEO Laws and Regulations Title VII
11Cleveland Board of Ed. v. Lafleur, 414 U.S. 632 (1974) Title VIICleveland Board of Ed. v. Lafleur, 414 U.S. 632 (1974)Pregnant public school teachers challenged the constitutionality of mandatory maternity leave rules of the Cleveland, Ohio and Chesterfield County, Virginia School Boards.The Cleveland school board required a pregnant school teacher to take maternity leave, without pay, for five months before the expected birth of her child. A Virginia county school board imposed a similar four-month leave requirement.There were other arbitrary and mandatory requirements regarding when teachers could return to work.
12Cleveland Board of Ed. v. Lafleur, 414 U.S. 632 (1974) cont’d Title VIICleveland Board of Ed. v. Lafleur, 414 U.S. 632 (1974) cont’dUS Supreme Court held:that the mandatory maternity leave rules were unconstitutional under the Due Process Clauses in the 5th and 14th amendments. Essentially, the rules were found to be too arbitrary (fixed dates chosen for no apparent reason) and irrebuttable (having no relation to individual medical conditions and with no way to make exceptions for good reason).
13Cleveland Board of Ed. v. Lafleur, 414 U.S. 632 (1974) cont’d Title VIICleveland Board of Ed. v. Lafleur, 414 U.S. 632 (1974) cont’dSpecifically, the Court said:“This Court has long recognized that freedom of personal choice in matters of marriage and family life is one of the liberties protected by the Due Process Clause ... By acting to penalize the pregnant teacher for deciding to bear a child, overly restrictive maternity leave regulations can constitute a heavy burden on the exercise of these protected freedoms.” .. “(P)ublic school maternity leave rules directly affect "one of the basic civil rights of man,” “... the Due Process Clause of the Fourteenth Amendment requires that such rules must not needlessly, arbitrarily, or capriciously impinge upon this vital area of a teacher’s constitutional liberty” (p. 9).
14President Johnson Signs the Civil Rights Act of 1964 Title VIIPresident Johnson Signs the Civil Rights Act of 1964
15A Historic Rights Act: The CRA of 1964 Title VIIA Historic Rights Act: The CRA of 1964Created legal basis for nondiscrimination inhousing (Title [or chapter/section] III)education (Title IX)public accommodations (Title II)federally assisted programs (Title VI)employment (Title VII)Single most important piece of legislation that has helped to shape and define employment rights is U.S.
16The CRA of 1964 –Title VII Amendments to Title VII Equal Employment Opportunity Act of 1971Pregnancy Discrimination Act of 1978Civil Rights Act of 1991Created EEOC to monitor and enforce compliance with Title VII (have a number of guidelines)Created various protected classesAfrican AmericansAsian AmericansIndigenous AmericansWomen
17The Heart of Title VII—Section 703(a) 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 [sic] compensation, terms, conditions, or privileges of employment, because of such individual’s race, color, religion, sex, or national origin; orTo limit, segregate, or classify his [sic] employees or applicants for employment in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his [sic] status as an employee, because of such individual’s race, color, religion, sex, or national origin.”
18The CRA of 1964: Kinds of Discrimination Title VIIThe CRA of 1964: Kinds of DiscriminationDisparate treatment: intentionally treating protected groups differently; unequal treatmentRetaliation: protecting workers from employers’ threats and other forms of intimidation aimed at discouraging workers from bringing to light acts they believe to be illegalDisparate/adverse impact: applying the same standard to all workers/applicants but that standard affects a protected class member more negatively; unequal consequences or results
19Title VII: It is Illegal to Discriminate In hiring and firing personnelcompensation, assignment, or classification of employeestransfer, promotion, layoff, or recalljob advertisementsrecruitmenttestinguse of company facilitiestraining and apprenticeship programsfringe benefitspay, retirement plans, and disability leaveother terms and conditions of employment
20Title VII Exceptions employers with less than 15 employees private clubsreligious organizationsplaces of employment connected to or near an Indian reservationseniority systemsveteran’s preference rightsnational security reasonsjob relatedness (e.g., validated test scores, backgrounds)business necessity (e.g., Hooters)Bona fide occupational qualification (BFOQ)
21Title VII Addresses Three Key Areas of Sex Discrimination General Sex DiscriminationPregnancy-Based DiscriminationSexual Harassment
22General Sex Discrimination Covers Full Scope of Employment Relationship Title VIIAdvertising for available positions and specifying gender preferences.Asking questions on applications that are only asked of one gender.Asking questions in an interview that are only asked of one gender.Requiring one gender to work different hours or job positions for reasons not related to their ability or availability for the job.Disciplining one gender for an act for which another gender is not disciplined.Providing or not providing training for one gender, while doing so for another.
23General Sex Discrimination Covers Full Scope of Employment Relationship cont’d Title VIIEstablishing seniority systems specifically designed to give greater seniority to one gender over another.Paying employees different wages based on gender, though the job one employee performs is the same or substantially the same as another.Providing different benefits for one gender than another.Subjecting one gender to different terms or conditions of employment.Terminating the employment of an employee of one gender for reasons that would not serve as the basis for termination for an employee of another gender.
24Pregnancy-Related Discrimination Title VIIPregnancy-Related DiscriminationRefusing to hire pregnant applicantsTerminating an employee on discovering that the worker is pregnantNot providing benefits to pregnant employees on an equal basis with short-term disabilities of other employees.Refusing to allow a pregnant employee to continue to work even though the employee wishes to do so
25Pregnancy-Related Discrimination cont’d Title VIIEliminating the pregnant employee by moving her to a new job title with the same pay, then eliminating the position in a job restructuring or reduction in forceEvaluating the employee as not having performed as well or as much as other employees when the basis for the evaluation is the employer’s own refusal or hesitation to assign equal work to the employee, because the employee is pregnant and the employer feels the need to “lighten” the employee’s load, though the employee has not requested such.
26Pregnancy-Related Discrimination cont’d Title VIINot providing the employee with lighter duty if needed, when such accommodations are made for employees with other short-term disabilities.Not permitting the pregnant employee to be a part of the normal circle of office culture so she becomes less aware of matters of importance to the office or current projects, resulting in more likelihood that the employee will not be able to effectively compete with those still within the circle.Not providing medical benefits to the husbands of female employees if they provide such benefits to the wives of male employees.
27(beyond the scope of today’s training) Title VIISexual HarassmentThis includes practices ranging from direct requests for sexual favors to workplace conditions that create a hostile environment for persons of either gender, including same sex harassment.Recent case: Crowley County (Colorado) Correctional Facility—$1.3 million fine(beyond the scope of today’s training)
28BCSO Sex and Pregnancy Anti-Discrimination Policy Title VIIDiscrimination against any individual with respect to such individual’s employment relationship based on such individual’s sex or pregnancy is prohibitedAny categorization of employees that adversely affects their employment relationship because of such individual’s sex or pregnancy is prohibitedIt is expected that co-workers will treat each other with respect, dignity, and civility at all timesPregnant employees shall be permitted to work as long as they are able to perform their duties.
29BCSO Sex and Pregnancy Anti-Discrimination Policy cont’d Title VIIWorkers are responsible for informing their supervisors of any physical condition that would impair their job performance.Any employee who is temporarily disabled (unable to perform assigned duties) will be reassigned to a duty consistent with the employee’s physical ability during the period of disability.Pregnant employees will not be singled out for special procedures to determine their ability to work.
30BCSO Sex and Pregnancy Anti-Discrimination Policy cont’d Title VIIIf an employee is temporarily unable to perform her job duties due to pregnancy, she shall be treated the same as any other temporarily disabled employeeA pregnant employee voluntarily seeking leave and/or sick pay because of her pregnancy shall be treated the same as any other employee seeking leave and/or sick pay because of any other physical conditionLike all short term disabilities, individuals taking pregnancy-related leave must have a medical release to return to work
31BCSO Sex and Pregnancy Anti-Discrimination Policy cont’d Title VIIIf any employee has been absent from work as a result of a pregnancy-related condition and then recovers, she shall not be required to remain on leave until the baby’s birthA job will be held open for a pregnancy-related absence for the same length of time as jobs are held open for employees on sick or disability leaveAccrual and crediting of seniority, vacation calculation, pay increases, temporary disability benefits, and other considerations for pregnancy-related absences shall be treated the same as any other temporarily disabled employee
32Submitting Complaints of Discrimination Title VIISubmitting Complaints of DiscriminationSubmit toTimeframeImmediate supervisorSheriff or County CommissionersOklahoma Human Rights CommissionEqual Employment Opportunity CommissionWithin 6 months of alleged actWithin 180 days of alleged actWithin 300 days of alleged act
33Examination No time limit; should take 10-15 minutes to complete Title VIIExaminationNo time limit; should take minutes to completeOpen book; use your notesYou must score 90% or greater before you leave
34Copy of Supreme Court Ruling in Cleveland Board of Ed. v. Lafleur Title VIICopy of Supreme Court Ruling in Cleveland Board of Ed. v. Lafleur