Employment Discrimination Chapter 29 HOT DEBATE – PAGE 432

Unjustified Discrimination 1. A male employer hires only women because he thinks they are better employees 2. A female employer hires only women because she thinks women are usually discriminated against 3. An employer hires only women who are past the child bearing age 4. An employer hires people under age 40 Which are examples of discrimination?

Unjustified Discrimination Discrimination is different treatment of individuals. Race, color, gender, national origin, or religion Justified Discrimination: permitted and even encouraged. Favorable treatment of employee because fairly judged as dependable, skilled, creative smart, hard worker. May earn more $$ and job opportunities What’s Your Verdict? Page 433

Unjustified Discrimination Unjustified Discrimination: identifies group characteristics that may not be considered when making employment decisions. These people are labeled as Protected Classes (usually minorities)

Protected Classes Race and Color: (all who are not white) Gender: (males/females) Pregnancy (childbearing conditions) Age: (over the age 40) Religion: (this includes any religion) Disability: (physically and mentally) do-deaf-to-job-discrimination National Origin: (country) What’s Your Verdict? – page 434

Unjustified Discrimination It is illegal to discriminate in any “term, condition, or privilege of employment” Pay, promotions, training, overtime, educational opportunities, travel requirements, firings, layoffs, etc. Employers with 15 or more employees, engaged in interstate commerce, are subject to federal law.

Unjustified Discrimination Create a two column chart with the headings “justified” and “Unjustified” List 5 examples of justified and unjustified discrimination in the work place. discrimination-must-be-employed-to-apply

Page 435 #1-9, explain your answers for #6-9

Workplace Discrimination (continued) Review Part 1 Page 435 #1-9, explain your answers for #6-9 Must be employed to be employed A Class Divided

Caveat emptor Let the Seller beware Let the Buyer beware

Greatly exaggerated sales talk Bait and switch Disclaimer Puffing

Lawsuit made possible by the procedural joining of similarly situated plaintiffs Lottery Consent order Class action Restitution

Obligation implicitly imposed on all sellers Implied warranty Full warranty Express warranty

Explicit assurance of quality or performance by seller Implied warranty Full warranty Express warranty

Voluntary, court enforceable agreement to stop an illegal practice Privity of contract Consent order Disclaimer encumbrances

Claims of third parties against the goods Privity of contract Consent order Disclaimer Encumbrances

How Can Unequal Treatment be Proved? Unequal Treatment (Disparate treatment): employers treat members of a protected class less favorable than others. To be unequal, it must be intentional Direct Evidence: must prove intentional Company Policy, Advertisement, Flyers No Irish No Jews need apply Women not accepted

How Can Unequal Treatment be Proved? Indirect Evidence: denies intention to discriminate Employee must show: 1. They are member of a protected class 2. Applied for job and was qualified 3. They were rejected 4. Employer held job open and sought other persons with similar qualifications What’s Your Verdict? Page 436

How Can Unequal Treatment be Proved? Employer’s Defense to Discrimination: Business Necessity: employer’s actions were meant to advance the business rather than discriminate Defense is that employee’s skills or work history was reason for not hiring (job-relatedness) In This Case, Page 437

How Can Unequal Treatment be Proved? Employer’s Defense to Discrimination: Bona Fide Occupational Qualification (BFOQ) A job requirement that compels discrimination against a protected class  Hired Actors to play parts in a stage show. (Males/Females for certain roles) To be Bona Fide, the discrimination must be essential to the business  Female Flight Attendants…not necessary

How Can Unequal Treatment be Proved? Employer’s Defenses to Discrimination: Seniority Rewards employees based on length of employment rather than merit and not intended to discriminate.  Unions may pay based on seniority, or lay employees off Pretexts A cover for discrimination  Hiring a male over female because job entails travel and female has 3 children, making it hard for her to travel. Female must prove males were hired with children.

What is Disparate Impact? WHAT’S YOUR VERDICT? PAGE 438 Policy eliminates more members of protected classes than members of the majority To win a suit, employee need not prove discrimination BUT identify a specific employment practice and show statistically that the practice excludes a protected class. Businesses may use the defense of business necessity, bona fide occupational qualification, or seniority

Statistical Proof of Disparate Impact Employee must prove fewer members qualified for job when challenging employment practice used 1. Applicant pool: those qualified for job 2. Workforce pool: persons in the workforce In This Case – page 438

Statistical Proof % of protected class in each pool compared. Causation: linking practice and differences in % Applicant pool = 786,000; Special population: women = 392,500 Workforce pool = women 38% Disparate Impact?

Sexual Harassment What’s Your Verdict? Page 439 Is the company liable for sexual harassment?

Sexual Harassment Takes two forms: Quid Pro Quo: Means one thing is exchanged for another  Ex: boss threatens to fire employee unless sexual favors are done Hostile Environment Unwelcome sexual comments, gestures, or contact interfere with an employee’s ability to work Back to What’s your verdict? Shayla’s boss knew about the harassment – therefore the trucking firm would be held liable

Legislation Prohibiting Discrimination Civil Rights Act of 1964 Equal Employment Opportunity Commission (EEOC) – has the authority to investigate complaints of job discrimination and prosecute Affirmative Action Plan If an employer has discriminated, the courts may mandate  Plan must list positive steps aimed at offsetting past discrimination

Five Acts Civil Rights Act of 1964 Equal Pay Act of 1963 Wage discrimination Age Discrimination Act of 1967 Americans with Disabilities Act of 1990 Pregnancy Discrimination Act

Class Work Page 440 #1-13 Answer 8-13 in complete sentences Page 443, #1-7. Answers in complete sentences

Enrichment Activity Discrimination cases Research Job Discrimination Case Comic Strip