1. Discrimination – Employment Law

2. Title VII of the Civil Rights Act Addresses Employment Prohibits employers w/15 or more from discriminating against protected classes in all aspects of employment  Law applies to: (See Exhibit 3.8)  Law doesn’t apply to: See Exhibit 3.9) The Wisconsin Fair Employment Act (WFEA) expands the protected classes and applies to ALL employers

3. Title VII Filing a claim Must first go through the EEOC (180 days) or State Agency (“706 Agency”) (300 days)**  **Lilly Ledbetter Fair Pay Act  Scenario #1 & Scenario #2 –How did you answer? Notifies the employer within 10 days that a claim has been made EEOC reviews to see if mediation is appropriate No mediation or unsuccessful mediation, EEOC investigates o Exhibit 3.10

4. Title VII Filing a claim – EEOC investigation EEOC determines reasonable cause or no reasonable cause  Reconsideration rights  Right to sue after EEOC and reconsideration

5. Title VII Filing a claim – Remedies available to claimant Back pay for 2 years Front pay of what you would have earned Get your job back Retroactive seniority Injunctive relief Attorney Fees Compensatory and Punitive Damages (Subject to certain damage limitations and caps) Exhibit 3.3; 2.9, 2.10

6. Basis for a Lawsuit under Title VII Disparate Treatment  …employer intended to discriminate…  Prima Facie Case (Page 62-63; Page 525-536; exhibit 2.6; exhibit 12.6 )  BFOQ (Page 65-67;exhibit 2.7)  Scenario #2 – How did you answer?! Disparate (Adverse) Impact  …the impact…unintentional  Prima Facie Case (Page 67;Page 530; exhibit 12.6)  Scenario #3 –How did you answer?!