Gender Equity

Introduction to Title VII Regulations Title VII Regulations

This lesson covers the rules and regulations regarding equal employment opportunities for all.

It is important to review what was happening before 1964 to appreciate the enactment of federal laws that prohibit discrimination. Federal Laws Prohibiting Job Discrimination

Employment and income could be based on race, gender, religion, color, national origin, disability, and or age Before Title VII Before Federal Prohibiting Discrimination

Most often separate was not equal. Before Title VII

Racial segregation occurred in: Schools Restaurants Hotels Housing Hospitals Transportation Military Before Federal Prohibiting Discrimination

It was because leaders such as Rosa Parks, Martin Luther King Jr., President John F Kennedy, President Lyndon B Johnson, and countless nonviolent activists civil rights became law. Before Title VII

However it happened in spite of strong opposition. An Example of such is as follows: The word "sex" was added to the Civil Fight Act of 1964 at the last moment. According to the West Encyclopedia of American Law, Representative Howard W. Smith (D-VA) added the word. His critics argued that Smith, a conservative Southern opponent of federal civil rights, did so to kill the entire bill. Smith, however, argued that he had amended the bill in keeping with his support of Alice Paul and the National Women's Party with whom he had been working. Title VII (1964)

Martha W. Griffiths (D-MI) led the effort to keep the word "sex" in the bill. In the final legislation, Section 703 (a) made it unlawful 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 compensation, terms, conditions or privileges or employment, because of such individual's race, color, religion, sex, or national origin.” Title VII (1964)

The final Law states: It shall be an unlawful employment practice for an employment agency to fail or refuse to refer for employment, or otherwise to discriminate against, any individual because of his race, color, religion, sex, or national origin, or to classify or refer for employment any individual on the basis of his race, color, religion, sex, or national origin. Discrimination

The Civil Rights Act of 1964 States: To enforce the constitutional right to vote, to confer jurisdiction upon the district courts of the United States to provide injunctive relief against discrimination in public accommodations, to authorize the attorney General to institute suits to protect constitutional rights in public facilities and public education, to extend the Commission on Civil Rights, to prevent discrimination in federally assisted programs, to establish a Commission on Equal Employment Opportunity, and for other purposes.

Discrimination

It shall be an unlawful employment practice for an employer – 2) to limit, segregate, or classify his 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 status as an employee, because of such individual’s race, color, religion, sex, or national origin. Qualified Employee

It shall be an unlawful employment practice for any employer, labor organization, or joint labor-­management committee controlling apprenticeship or other training or retraining, including on­- the-­job training programs to discriminate against any individual because of his race, color, religion, sex, or national origin in admission to, or employment in, any program established to provide apprenticeship or other training. Training

Notwithstanding any other provision of this subchapter, it shall not be an unlawful employment practice for an employer to apply different standards of compensation, or different terms, conditions, or privileges of employment pursuant to a bona fide seniority or merit system, or a system which measures earnings by quantity or quality of production or to employees who work in different locations, provided that such differences are not the result of an intention to discriminate because of race, color, religion, sex, or national origin, … Compensation

…nor shall it be an unlawful employment practice for an employer to give and to act upon the results of any professionally developed ability test provided that such test, its administration or action upon the results is not designed, intended or used to discriminate because of race, color, religion, sex or national origin… Testing

…It shall not be an unlawful employment practice under this subchapter for any employer to differentiate upon the basis of sex in determining the amount of the wages or compensation paid or to be paid to employees of such employer if such differentiation is authorized by the provisions of section 206(d) of Title 29 [section 6(d) of the Labor Standards Act of 1938, as amended]. Compensation

Nothing shall be interpreted to require any employer, employment agency, labor organization, or joint labor-­management committee subject to this subchapter to grant preferential treatment to any individual or to any group because of the race, color, religion, sex, or national origin of such individual or group on account of an imbalance… Quota

… which may exist with respect to the total number or percentage of persons of any race, color, religion, sex, or national origin employed by any employer, referred or classified for employment by any employment agency or labor organization, admitted to membership or classified by any labor organization, or admitted to, or employed in, any apprenticeship or other training program, … Quota

Quota

… in comparison with the total number or percentage of persons of such race, color, religion, sex, or national origin in any community, State, section, or other area, or in the available work force in any community, State, section, or other area. Quota

It shall be an unlawful employment practice for a respondent, in connection with the selection or referral of applicants or candidates for employment or promotion, to adjust the scores of, use different cutoff scores for, or otherwise alter the results of, employment related tests on the basis of race, color, religion, sex, or national origin. Employment Practice

Pregnancy Based Discrimination - Pregnancy, childbirth, and related medical conditions must be treated in the same way as other temporary illnesses or conditions. Sex Discrimination

Sexual Harassment - This 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. (The "hostile environment" standard also applies to harassment on the bases of race, color, national origin, religion, age, and disability.) Sex Discrimination

To better understand sexual harassment, we’re going to address the what, the who, and the where. WHAT WHO WHERE

According to the U.S. Department of Education: “Sexual harassment is unwelcome conduct of a sexual nature.” WHAT is sexual harassment?

It can include: “unwelcome sexual advances, requests for sexual favors, and other verbal, nonverbal, or physical conduct of a sexual nature.” WHAT is sexual harassment? unwelcome sexual advances requests for sexual favors verbal, non-verbal, or physical conduct of a sexual nature

The question above actually asks: Who can be an offender of sexual harassment? And, Who can be a victim of sexual harassment? WHO does sexual harassment apply to?

An offender can be either a supervisor, co-worker, male or female. WHO does sexual harassment apply to?

A victim can be any employee. And just as an offender can be either male or female, a victim can also be either male or female. WHO does sexual harassment apply to?

Examples include: Any conference or extra-curricular activity that is either on or off campus A training program offered on or off campus Within a transportation vehicle to or from such an activity WHERE can sexual harassment occur?

SHOW ANSWER A female employee is teased by other male employees. Is this an example of sexual harassment? Not unless the teasing is of a sexual nature.

SHOW ANSWER A male school employee makes unwelcome advances toward a female employee while giving her a ride in his vehicle. How should the employer respond to the student’s complaint? The staff member who receives the employee’s complaint should document the incident, and then forward the complaint to the compliance official. The staff member should be sure to keep his or her copy of the complaint.

SHOW ANSWER Two individuals (one white and one Asian) applied for the same professional development training opportunity. Which of the following should be the primary considered in the selection criteria? The relevancy of the training to each job duties or the need to have a minimum number of minority trainees. The relevancy of the training to each job duties. Titled VII does not require quotas.

SHOW ANSWER Which of the following is not protected under Title VII? Race, Color, Religion, Sex, National Origin, Age Age The Age Discrimination in Employment Act of 1967 (ADEA), which protects individuals who are 40 years of age or older.

SHOW ANSWER A supervisor promotes a subordinate on the condition that the employee provides sexual favors. What type of sexual harassment is this. Quid Quo Pro or hostile environment. Quid Pro Quo (this for that)

 The Equal Pay Act of 1963 (EPA).  Age Discrimination in Employment Act of  Title I and Title V of the Americans with Disabilities Act of 1990, as amended (ADA).  Sections 501 and 505 of the Rehabilitation Act of  Title II of the Genetic Information Nondiscrimination Act of  the Civil Rights Act of 1991

which protects men and women who perform substantially equal work in the same establishment from sex- based wage discrimination Sex Biased Wage

Employers may not reduce wages of either sex to equalize pay between men and women. A violation of the EPA may occur where a different wage was/is paid to a person who worked in the same job before or after an employee of the opposite sex. Sex Biased Wage

which protects individuals who are 40 years of age or older Age -Over 40

statements or specifications in job notices or advertisements of age preference and limitations. An age limit may only be specified in the rare circumstance where age has been proven to be a bona fide occupational qualification (BFOQ); discrimination on the basis of age by apprenticeship programs, including joint labor-management apprenticeship programs; and denial of benefits to older employees. An employer may reduce benefits based on age only if the cost of providing the reduced benefits to older workers is the same as the cost of providing benefits to younger workers. The ADEA's broad ban against age discrimination also specifically prohibits:

which prohibit employment discrimination against qualified individuals with disabilities in the private sector, and in state and local governments Disability

a person who has a physical or mental impairment that substantially limits one or more major life activities, has a record of such impairment, or is regarded as having a disability. An entity subject to the ADA regards someone as having a disability when it takes an action prohibited by the ADA based on an actual or perceived impairment, except if the impairment is both transitory (lasting or expected to last six months or less) and minor. Major life activities are basic activities that most people in the general population can perform with little or no difficulty such as walking, breathing, seeing, hearing, speaking, learning, thinking, and eating. Major life activities also include the operation of a major bodily function, such as functions of the immune system normal cell growth, brain, neurological, and endocrine functions. Individual with a Disability

An individual with a disability is "qualified" if he or she satisfies skill, experience, education, and other job- related requirements of the position held or desired, and who, with or without reasonable accommodation, can perform the essential functions of that position. Qualified

Reasonable Accommodation

Undue Hardship

Prohibited Inquiries and Examinations

Drug and Alcohol Use

which prohibit discrimination against qualified individuals with disabilities who work in the federal government Disability

prohibits employment discrimination based on genetic information about an applicant, employee, or former employee Genetic Information

GINA prohibits discrimination against applicants, employees, and former employees on the basis of genetic information. This includes a prohibition on the use of genetic information in all employment decisions; restrictions on the ability of employers and other covered entities to request or to acquire genetic information, with limited exceptions; and a requirement to maintain the confidentiality of any genetic information acquired, with limited exceptions. Genetic Information

provides monetary damages in cases of intentional employment discrimination. Damages

The Civil Rights Act of 1991 made major changes in the federal laws against employment discrimination enforced by EEOC. Enacted in part to reverse several Supreme Court decisions that limited the rights of persons protected by these laws, the Act also provides additional protections. The Act authorizes compensatory and punitive damages in cases of intentional discrimination, and provides for obtaining attorneys' fees and the possibility of jury trials. It also directs the EEOC to expand its technical assistance and outreach. Damages

hiring and firing; compensation, assignment, 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. Discriminatory Practices Are Prohibited by These Laws

harassment on the basis of race, color, religion, sex, national origin, disability, genetic information, or age; retaliation against an individual for filing a charge of discrimination, participating in an investigation, or opposing discriminatory practices; Discriminatory practices under these laws also include:

employment decisions based on stereotypes or assumptions about the abilities, traits, or performance of individuals of a certain sex, race, age, religion, or ethnic group, or individuals with disabilities, or based on myths or assumptions about an individual's genetic information; and denying employment opportunities to a person because of marriage to, or association with, an individual of a particular race, religion, national origin, or an individual with a disability. Title VII also prohibits discrimination because of participation in schools or places of worship associated with a particular racial, ethnic, or religious group. Discriminatory practices under these laws also include:

SHOW ANSWER What condition would cause an employer not to accommodate an individual with a disability? Undue Hardship

SHOW ANSWER What physical condition is not protected as a disability? Illegal Drugs

SHOW ANSWER May an employer adjust the salary lower to equalize pay between a male and a frmale? No

SHOW ANSWER Which of the following is not protected under Title VII? Race, Color, Religion, Sex, National Origin, Age Age The Age Discrimination in Employment Act of 1967 (ADEA), which protects individuals who are 40 years of age or older.

Words You Should Know Positive steps that an institution takes to increase the representation of women or men in areas of employment, education, and business where they have historically been excluded. Affirmative Action

Words You Should Know Steps that are taken to correct any discrimination that has occurred based on sex. Remedial Action

Words You Should Know These two terms will be referred to in this lesson, and it’s important to understand the distinction between them. Simply put, remedial action corrects discrimination and affirmative action corrects under-representation. Affirmative Action Remedial Action

Examples If an institution discovers that only a small percentage of students in a particular program are women, and they verify that no discrimination has influenced this low number, they may enact affirmative action. Affirmative Action Remedial Action

Examples This means they actively concentrate on recruiting women into this program in order to even out the representation of both male and female students. Affirmative Action Remedial Action

Examples If, on the other hand, an institution is found discriminating against women within its admissions process, the U.S. Department of Education will require remedial, or corrective, action to correct the problem. Affirmative Action Remedial Action

SHOW ANSWER What are some example publications where the Continuous Non-Discrimination Notice should be published? Application forms Enrollment forms Course catalogs Brochures Student & employee handbooks

SHOW ANSWER What is affirmative action? Steps that an institution takes to increase the representation of either women or men in fields where they have historically been under represented

SHOW ANSWER How is remedial action different from affirmative action? Remedial action is steps taken to correct a situation when discrimination has occurred Affirmative action corrects under-representation of one group – where the under-representation is not caused by discrimination

Gender Equity