Equal Opportunity in Employment

The Employment Agreement Employment at Will Contracts –employees can quit at any time and employers can fire you at any time

Exceptions to Employment at Will Contracts –collective bargaining agreements –implied contracts/covenants Torts –wrongful discharge –intentional infliction of emotional distress Public Policy

The Broad Public Policy Exception Restrictive Covenants/ Noncompete clauses Testing (genetics,drugs, polygraph) Worker Safety (OSHA, WC) Minimum Wage and other Benefits Laws (ERISA, COBRA, HIPAA, WARN) Whistle-blower statutes FMLA Anti-Discrimination Legislation

Title VII ADEA ADA

Title VII Part of the Civil Rights Act Prohibits employers from making decisions on the basis of: –race –color –religion –national origin –sex (gender)

Legal Theories under Title VII Disparate Treatment - Intentional Disparate Impact - Unintentional discrimination/ statistical imbalance

Defenses to a Title VII claim BFOQ Seniority Systems Good cause

Legal Theories under Title VII- Sexual Harassment Presence of Tangible Adverse Employment Action - strict liability Absence of Tangible Adverse Employment Action - affirmative defense –employer exercised reasonable care to prevent and correct sexually harassing behavior –employee unreasonably failed to take advantage of any preventive or corrective opportunities provided by the employer

ADEA Prohibits discrimination against anyone 40 or older Same defenses as in Title VII

ADA Prohibits discrimination against a qualified individual with a disability –what is a disability? Impairment that limits major life activity a record of impairment being regarded as having an impairment Employers must “reasonably accommodate” so long as there is no undue hardship

Availability of Insurance Employment Practices Liability Insurance (EPLI) is available, but it may not cover when you need it most