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© 2004 Texas Southern University1 Texas Southern University Employee Education and Awareness Training L egal Essentials for Supervisors Employment Discrimination
© 2004 Texas Southern University2 Disclaimer The Texas Southern University Office of General Counsel has published this training module for general information and use by University employees only. The pages are not intended to provide legal advice for any particular situation. Legal advice can be provided only in the course of an attorney-client relationship with reference to all the facts of a specific situation. Accordingly, this information must not be relied on as a substitute for obtaining legal advice from a licensed attorney.
© 2004 Texas Southern University3 Federal laws that prohibit employment discrimination Title VI of the 1964 Civil Rights Act –prohibits discrimination in programs and activities receiving federal financial assistance Title VII of the 1964 Civil Rights Act –prohibits employment discrimination Title IX of the 1972 Education Amendments –prohibits sex discrimination in federally assisted education programs
© 2004 Texas Southern University4 Federal laws that prohibit employment discrimination Equal Pay Act of 1963 –prohibits wage discrimination on the basis of gender Age Discrimination in Employment Act (ADEA) –prohibits discrimination against people 40 years of age or older The Americans with Disabilities Act (ADA) –prohibits discrimination against qualified individuals with disabilities
© 2004 Texas Southern University5 State laws that prohibit employment discrimination Texas Commission on Human Rights Act, Chapter 21, Texas Labor Code Prohibits discrimination in employment on the same basis as federal laws (sex, age, religion, national origin, etc.) Applies to both job applicants and employees Requires ongoing employment discrimination training for state employees
© 2004 Texas Southern University6 Both federal and state laws prohibit discrimination on the basis of Race Color Disability Religion Sex/gender National origin Age
© 2004 Texas Southern University7 Anti-discrimination laws apply to all aspects of employment Hiring and firing Assignment, compensation or classification of employees Transfer, promotion, layoff, or recall Job advertisements Recruitment Testing Use of company facilities Training and apprenticeship programs Fringe benefits Pay, retirement plans, and disability leave; or Other terms and conditions of employment
© 2004 Texas Southern University8 Workplace conduct that constitutes discrimination An employee makes repeated derogatory comments about an older co-worker’s age and frequently states that the older worker needs to retire Management fails to respond to an employee’s complaints of unwelcome sexual advances by a co-worker A supervisor retaliates against an employee who testifies on behalf of another employee in a racial harassment investigation
© 2004 Texas Southern University9 Workplace conduct that constitutes discrimination An employer requires employees to speak English at all times although the employer has not established that speaking English promotes the safe or efficient operation of his business An employee is regularly ridiculed by his co- workers because he is an immigrant and his speech and dress are different from theirs A manager announces to the hiring committee interviewing job applicants that he would prefer to hire a young person for the position
© 2004 Texas Southern University10 Recent Litigation Alleging Employment Discrimination EEOC v. University of Incarnate Word: The EEOC sued on behalf of Hispanic housekeepers after the University imposed an English-only rule and harassed them on the basis of their national origin over a ten-year period. The Director of Housekeeping prohibited the housekeepers from speaking Spanish at all times while in workplace, including lunch and breaks. Some workers had difficulty complying with the rule because they spoke little English or unconsciously lapsed into speaking Spanish when talking to their co-workers. Employees who failed to comply with the policy were subjected to verbal and physical abuse, including ethnic slurs. RESULT: The case was settled in April 2001 with the 18 workers affected by the policy receiving $1 million and tuition waivers, valued at an additional $1.44 million, for them and their relatives.
© 2004 Texas Southern University11 Recent Litigation Alleging Employment Discrimination EEOC v. General Cable Corp.: The EEOC sued on behalf of two workers originally from Ghana after a Hispanic supervisor subjected them to overly intrusive supervision, threatened and charged them with undeserved discipline, and tried to deny authorized overtime. After they complained, they were allegedly terminated for sleeping on the job even though other employees had been given oral or written warnings, and the same supervisor had even been observed waking Hispanic workers took no disciplinary action. RESULT: The case was settled in June 2002 with the workers receiving $75,000 in compensation.
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