Employee Rights and Discrimination Chapter 12
Copyright © 2007 Thomson Delmar Learning Objectives Identify major employment discrimination laws impacting the fire service. Explain the difference between disparate treatment and disparate impact.
Copyright © 2007 Thomson Delmar Learning Explain equal opportunity employment and affirmative action. Identify three standards of review that courts apply to governmental actions that are challenged as being discriminatory. Objectives
Copyright © 2007 Thomson Delmar Learning Constitutional Rights Rights secured in the constitution, including: –Right to free speech –Freedom of the press –Freedom of religion –Due process –Equal protection
Copyright © 2007 Thomson Delmar Learning Constitutional rights also called civil rights Constitution does not explain how these rights are to be protected Constitutional Rights
Copyright © 2007 Thomson Delmar Learning Civil Rights Laws Civil Rights Act of 1866 Civil Rights Act of 1964 Civil Rights Act of 1991 Americans with Disabilities Act Equal Pay Act of 1963
Copyright © 2007 Thomson Delmar Learning Pregnancy Discrimination Act Age Discrimination in Employment Religious Freedom Restoration Act State law anti-discrimination acts Civil Rights Laws
Copyright © 2007 Thomson Delmar Learning Discrimination Treating someone differently based on prohibited classification –Race –National origin –Sex –Religion –Disability –Age
Copyright © 2007 Thomson Delmar Learning Proof of Discrimination Disparate treatment –Person is treated differently because of a prohibited classification Disparate impact –Employment decisions that may appear to be nondiscriminatory but discriminate based on statistical analysis
Copyright © 2007 Thomson Delmar Learning Standard of Review Courts review laws and governmental actions differently based on type of discrimination –Strict scrutiny –Intermediate level of review –Rational basis
Copyright © 2007 Thomson Delmar Learning Strict Scrutiny Governmental action or law must be “narrowly tailored to address a compelling governmental interest” Applies to –Racial classifications –Fundamental constitutional rights
Copyright © 2007 Thomson Delmar Learning Intermediate Level of Review Governmental action or law must be “substantially related to important governmental objectives” Applies to –Gender-based classifications
Copyright © 2007 Thomson Delmar Learning Rational Basis Governmental action or law must be “rationally related to a legitimate governmental interest” Applies to all other classifications
Copyright © 2007 Thomson Delmar Learning Procedural Issues Equal Opportunity Employment Commission (EEOC) or state counterpart Administrative requirement –Right-to-sue letter Statute of limitations for filing Title VII claims
Copyright © 2007 Thomson Delmar Learning Employment Discrimination Equal employment opportunity Affirmative action –Policies go beyond equal employment opportunities and seek to increase the representation of minorities and women
Copyright © 2007 Thomson Delmar Learning Equal Opportunity Right of a person to compete for a job and/or be promoted on the basis of his or her knowledge, skills, and abilities, free from unlawful discrimination
Copyright © 2007 Thomson Delmar Learning Affirmative Action Positive steps taken to increase the presence of minorities and women in the workforce and in education
Copyright © 2007 Thomson Delmar Learning Americans with Disabilities Act of 1990 (ADA) Expanded upon the Rehabilitation Act of 1973 Applies to all businesses with 15 or more employees and all state and local government agencies
Copyright © 2007 Thomson Delmar Learning Americans with Disabilities Act Key definitions: –Individual with a disability –Major life activities –Qualified person with a disability –Reasonable accommodation –Essential function –Undue hardship
Copyright © 2007 Thomson Delmar Learning Prohibited inquiries and examinations Drug and alcohol use Physical abilities testing –Job task analysis Medical requirements Americans with Disabilities Act
Copyright © 2007 Thomson Delmar Learning State Law Disability Acts Many states as well as some municipalities have anti-discrimination laws that protect against disability discrimination May provide greater protection than ADA
Copyright © 2007 Thomson Delmar Learning Age Discrimination Age Discrimination in Employment Act (ADEA ) Prohibits employment discrimination against those over 40 years of age Amended several times by Congress
Copyright © 2007 Thomson Delmar Learning Special rule: –Mandatory retirement age for police and firefighters –Minch v. Chicago (2004) Age Discrimination
Copyright © 2007 Thomson Delmar Learning Summary Civil rights laws Discrimination Standard of review Americans with Disabilities Act Age Discrimination in Employment Act