© 2004 West Legal Studies in Business, a Division of Thomson Learning 16.1 Chapter 16 Employment Discrimination

16.2 Equal Pay Act of 1963 Only forbids gender discrimination regarding pay Differs from FLSA in that EPA protects administrative, executive, and professional employees Two jobs are equal when they involve Equal effort Equal effort Equal skill Equal skill Equal responsibility Equal responsibility Similar conditions Similar conditions

16.3 EPA Defenses SeniorityMerit Quality or quantity of production Piecework Any factor other than gender Shift differentials Bonuses

16.4 Title VII of the 1964 Civil Rights Act Most important statute regarding employment discrimination Prohibits employment discrimination based on race, color, religion, sex, or national origin

16.5 Title VII – Coverage Covered entities Employers employing 15 or more workers engaged in interstate commerce Exclusions from coverage Independent contractors Indian tribes and tax-exempt private clubs Covered decisions Covers employers, employment agencies, and unions

16.6 Proving Title VII Violation: Disparate Treatment Prima facie case by plaintiff Evidence presented by defendant who is challenging the employment decision was legitimate and nondiscriminatory If evidence is proven legitimate, plaintiff shows that employment decision was really discriminatory

16.7 Proving Title VII Violation: Disparate Impact Plaintiff shows employment practice has adverse impact on basis of race, religion, color, sex, or national origin Employer must show that challenged practice is job related for position in question If employer makes convincing argument, plaintiff will lose However, plaintiff can then show that employer’s business can be advanced by using less discriminatory practices

16.8 Defenses to Title VII Claims Bona fide occupational qualification (BFOQ) Seniority Various merit defenses

16.9 Remedies for Title VII Violations Back pay accruing from date two years prior to filing of charges Compensatory damages for emotional distress Rehiring, reinstated, retroactive seniority Injunctions against defendant Quota-like remedial minority preference

16.10 Race and Color Discrimination Includes discrimination against African Americans and other racial minorities, such as Eskimos and Native Americans Also forbids racial discrimination against whites

16.11 Sex Discrimination Sexual stereotyping Preferences favoring women Pregnancy discrimination Sexual harassment Quid pro quo sexual harassment Work environment sexual harassment

16.12 National Origin Discrimination Includes discrimination based on Person’s country of origin Person’s ancestral country of origin Person’s characteristics shared by people of certain national origin

16.13 Discrimination Based On Religion Religious educational institutions usually immune from Title VII when they discriminate on basis of religion “Religion” includes beliefs sincerely held with the strength of traditional religious views Discrimination justified if employer demonstrates that it cannot reasonably accommodate the religious practice without undue hardship

16.14 Age Discrimination in Employment Act Prohibits arbitrary age discrimination against employees Ensures employees are evaluated on the basis of ability rather than age

16.15 Age Discrimination in Employment Act Entities covered Procedures Proving an ADEA violation DefensesRemedies

16.16 Americans With Disabilities Act Entities covered Prohibited discrimination Physical or mental impairments Any record of such impairment Person’s being regarded as having such impairment Crucial term is “reasonable accommodation” Defenses

16.17 Recap – Federal Legislation to Know Equal Pay Act Title VII of the 1964 Civil Rights Act Age Discrimination in Employment Act Americans with Disabilities Act