29.1 b a c kn e x t h o m e Chapter 29 Objectives List the bases in federal law upon which an employer may not discriminate against employees. Explain the restrictions on employers in requiring invasive or offensive testing of employees and job applicants. Discuss three significant protections given to employees by federal or state law, municipal ordinance, or employer regulation. © 2002 West Educational PublishingTo accompany Law for Business, 14e, by Ashcroft and Ashcroft

29.2 b a c kn e x t h o m e Civil Rights Act of 1964 It is unlawful to hire, discharge, or in any way discriminate against someone because of race, color, religion, sex, or national origin. Disparate treatment - plaintiff alleges discrimination was against plaintiff alone. Disparate impact - employee must show that an action taken by employer that appears fair affects protected class. No intent to discriminate need be shown. Sexual harassment - employers must not engage in or allow unwelcome sexual advances.

29.3 b a c kn e x t h o m e Sexual Harassment  Hostile work environment exists when harassing conduct alters the terms of employment and creates an abusive workplace.  To prove work environment is hostile, it must be shown that an objectively reasonable person would find it abusive.  To be actionable, the victim must be affected because of membership in a protected class.

29.4 b a c kn e x t h o m e Equal Pay Act Seniority system Seniority system An employer is not required to pay employees at the same rate if the payments are made on the basis of: Differential of any factors other than sex Differential of any factors other than sex Merit system Merit system Quantity or quality production Quantity or quality production

29.5 b a c kn e x t h o m e Age Discrimination  At what age is a person protected from employment discrimination based on ADEA?  Age 40 or over  If violation of ADEA was willful, what kind of damages may be awarded?  Liquidated damages equal to back pay  Does ADEA allow age discrimination when age is a bona fide occupational qualification?  Yes Quick Quiz Quick Quiz Quick Quiz Quick Quiz Quick Quiz Quick Quiz Quick Quiz Quick Quiz

29.6 b a c kn e x t h o m e Americans with Disabilities Act  Employer may not discriminate against qualified people with disabilities.  Disability requires two elements: A physical or mental impairment. Substantial limitation of one or more life functions because of that impairment.

29.7 b a c kn e x t h o m e Testing Polygraph testing - may not be used unless: the employer is investigating a specific incident of economic loss; the employer provides security services; the employer manufactures, distributes, or dispenses drugs. AIDS testing Drug testing

29.8 b a c kn e x t h o m e Other Protections Smoke-free working environmentPlant closing notification Family and medical leave