Chapter 21.2

Employment discrimination laws Civil Rights Act of 1964Civil Rights Act of 1964 Civil Rights Act of 1991Civil Rights Act of 1991 Sexual HarassmentSexual Harassment Pregnancy Discrimination ActPregnancy Discrimination Act Age Discrimination in Employment ActAge Discrimination in Employment Act Americans with Disabilities ActAmericans with Disabilities Act

Employment discrimination laws Discrimination is the unequal treatment of individuals based on sex, age, race, nationality or religion Discrimination is the unequal treatment of individuals based on sex, age, race, nationality or religion Civil Rights Act of 1964 Civil Rights Act of 1964 Prohibits discrimination in employment based on 6 protected classes (age added later in 1991)Prohibits discrimination in employment based on 6 protected classes (age added later in 1991)

Employment discrimination laws Equal Employment Opportunity Commission (EEOC) has power to stop unfair employment practices by seeing a court injunction or by suing the employer for damages Equal Employment Opportunity Commission (EEOC) has power to stop unfair employment practices by seeing a court injunction or by suing the employer for damages

Employment discrimination laws Disparate Treatment is intentional discrimination against an individual or a group of individuals in a protected class. Disparate Treatment is intentional discrimination against an individual or a group of individuals in a protected class. The defense to this is Bona Fide Occupational Qualification (BFOQ) which means “good faith.”The defense to this is Bona Fide Occupational Qualification (BFOQ) which means “good faith.” An employer must show that the qualification is justified in “good faith”An employer must show that the qualification is justified in “good faith”

Employment discrimination laws Disparate Impact is indirect discrimination and occurs when an employer has an employment policy/criteria that appears neutral but has an unfair impact on members of one or more of the protected classes. Disparate Impact is indirect discrimination and occurs when an employer has an employment policy/criteria that appears neutral but has an unfair impact on members of one or more of the protected classes. The defense to this is Business Necessity and requires the employer to show the qualification is required to perform the job.The defense to this is Business Necessity and requires the employer to show the qualification is required to perform the job.

Employment discrimination laws Civil Rights Act of 1991 Civil Rights Act of 1991 Strengthens doctrine of disparate impactStrengthens doctrine of disparate impact Allows plaintiffs to recover not only back pay but also compensation and punitive damages (penalty usually paid in money)Allows plaintiffs to recover not only back pay but also compensation and punitive damages (penalty usually paid in money)

Employment discrimination laws Sexual Harassment Sexual Harassment Occurs 2 waysOccurs 2 ways Quid Pro Quo when one worker demands sexual favors from another worker in exchange for an employment-related decision (ex. raise) Quid Pro Quo when one worker demands sexual favors from another worker in exchange for an employment-related decision (ex. raise) Hostile Work Environment occurs when a pattern of severe and pervasive sexually demeaning behavior has altered the workplace making it a distressing or hostile place. Hostile Work Environment occurs when a pattern of severe and pervasive sexually demeaning behavior has altered the workplace making it a distressing or hostile place. Must prove reasonable care was taken to prohibit or eliminate such harassment. Must prove reasonable care was taken to prohibit or eliminate such harassment.

Employment discrimination laws Pregnancy Discrimination Act Pregnancy Discrimination Act Ensures fair and equal treatment of pregnant womenEnsures fair and equal treatment of pregnant women Makes it unlawful to discriminate against a woman because of childbirth or physical problems associated with pregnancy or childbirth.Makes it unlawful to discriminate against a woman because of childbirth or physical problems associated with pregnancy or childbirth.

Employment discrimination laws Age Discrimination in Employment Act Age Discrimination in Employment Act Prohibits employers with 20+ employees and labor unions of 25+ members from discriminating on basis of age.Prohibits employers with 20+ employees and labor unions of 25+ members from discriminating on basis of age. Forbids discrimination against any person age 40 or older in hiring, firing, promotion or other aspects of employment.Forbids discrimination against any person age 40 or older in hiring, firing, promotion or other aspects of employment. Older Workers Benefit Protection Plan Act (OWBPPA)Older Workers Benefit Protection Plan Act (OWBPPA)

Employment discrimination laws Americans with Disabilities Act Americans with Disabilities Act Forbids discrimination on the basis of a disability if the disabled individual can do the “essential functions of a job”Forbids discrimination on the basis of a disability if the disabled individual can do the “essential functions of a job” Act defines disability as any physical or mental impairment that substantially limits one or more of the major life activities.Act defines disability as any physical or mental impairment that substantially limits one or more of the major life activities.