1. Making Diversity Count: A teaching approach using legal decisions related to diversity Chester Spell Rutgers University August 2015

2. Examples: Discrimination cases Federal EEO (Equal Employment Opportunity) individual charge filings: 2005 75,428 2006 75,768 2007 82,792 2008 95,401 2009 93,277 2010 99,922 2011 99,947 2012 99,412 2013 93,727

3. Importance for employers: -legal fees and settlements -negative image created

4. Significant cases: 1989- Shoney’s 9 employees brought case pencil in the “O” result: $105 million settlement

5. Denny’s Numerous problems - discrimination Result- aggressive positive image campaign $54 million settlement Now do millions in business with minority- owned firms

6. 1994- Texaco taped conversations of racial slurs Result: $176 million in back pay, etc. Price Waterhouse case: gender discrimination-- not feminine enough? “you need a course in charm school."

7. Sexual Harassment What is the problem? 90% of Fortune 500 companies have had complaints Tailhook scandal Air Force scandal

8. Addressing sexual harassment Apply reasonable woman (or man) standard Promote policy, don’t just post on wall or in memo Test believability of policy (ask employees!) Enforce sanctions, remedies that match the offense

9. Important Laws & Concepts Related to Diversity

10. 1: BFOQs (Bona Fide Occupational Qualification) Example: Diaz vs. Pan American Airways Can an airline employ only women as flight attendants? Is gender a BFOQ for this job? http://www.youtube.com/watch?v=TR7J ApjgIGw

11. More recent BFOQ case: Hooters (video)

12. 2: Disparate impact Griggs vs. Duke Power case Company used high school diploma and IQ tests Excluded most African-Americans Had disparate impact and not related to job

13. Significance of disparate impact: Even if discrimination is not intentional, consequences of employment practice must not have adverse impact The 4/5 Rule: impact if selection rate for protected groups is less than 4/5 (80%) of selection rate for majority

14. More recent related case Ricci v. DeStefano (2009) New Haven firefighters (19 white, one Hispanic) passed test, city threw test out since no African-Americans were eligible for promotion Supreme Court said should not have thrown out test 3 million in legal fees + other payments

15. Contemporary Cases and Laws Employment Non-Discrimination Act Congressional Action on workplace legislation

16. Affirmative Action(AA) What is it? Difference between Equal Employment (EO) and AA: EO is an obligation AA is generally voluntary EO prohibits, AA promotes EO is neutral with respect to protected characteristics, AA gives preference

17. More on AA: Firms with 50+ employees and government contracts of $50,000+ must have AA Plan Many other employers do this anyway Important AA Case: Hopwood vs. State of Texas (1994) Law school applicants to U of T Found reverse discrimination (separate committees reviewed applicants) California law on AA in admissions to UC schools

18. Summary: Discrimination can come in different forms intentional discrimination practices that have disparate impact on protected groups BFOQs important consideration when judging whether a practice allowed EEO and AA are not the same thing Court cases and interpretation of laws show students how far we have come, but how much more is still in question