1. McGraw-Hill/Irwin Copyright © 2012 by The McGraw-Hill Companies, Inc. All rights reserved.

2. 11-2

3. 11-3 Learning Objectives  Explain why there is a need for employment discrimination laws  Give the requirements of the Title VII of the Civil Rights Act of 1964  Compare and explain the two theories of recovery under Title VII  List the five protected categories of Title VII  Set forth the provisions of the Age Discrimination in Employment Act  Explain the provisions of the Americans with Disabilities Act  Distinguish the employer defenses of BFOQ, business necessity, and legitimate nondiscriminatory reason  Discuss what affirmative action is and what is not

4. 11-4 Title VII of the Civil Rights Act of 1964  Federal Law prohibiting discrimination in employment, including hiring, firing, promotion, transfers, compensation, benefits, training, discipline, retaliation, assignments, and other workplace decisions.

5. 11-5 Title VII Applies to: 15 or more employees All employers with 15 or more employees – public, private, nonprofit All Unions All job referral businesses Title VII prohibits discrimination on the basis of: RACE COLOR RELIGION GENDER NATIONAL ORIGIN

6. 11-6 Discrimination Theories under Title VII  The Equal Employment Opportunity Commission (EEOC) is the Federal Agency that enforces Title VII and other equal employment opportunity laws  Accepts and addresses filed complaints  Right to Sue letter  Disparate Treatment  Disparate Impact

7. 11-7 Race, Color, National Origin, and Gender Discrimination Title VII was primarily enacted to prohibit employment discrimination based on race, color, national origin, and gender. – Race: refers to broad categories such as, Asian, or Native American – Color: refers to the color of a person’s skin – National Origin: refers to a person’s nationality or cultural characteristics

8. 11-8 Gender Discrimination  Discrimination against a person based on his or her gender.  Applies equally to men and women  Majority of Title VII gender discrimination cases are brought by women  Pregnancy  Sexual Harassment  Equal Pay  Affinity Orientation

9. 11-9 Religious Discrimination  Title VII prohibits employment discrimination based on a person’s religion or religious practices.  Under Title VII, an employer must make an effort to reasonably accommodate an employee’s religious beliefs unless it causes an undue hardship on the employer.

10. 11-10 The Age Discrimination in Employment Act  Federal law protecting against age discrimination  If an employee is age 40 or over, the employee cannot be discriminated against in any aspect of employment on the basis of age  Bona Fide Occupational Qualification (BFOQ)  Cannot be used merely to avoid hiring older employees

11. 11-11  Federal antidiscrimination law that prohibits employers with 15 or more employees to discriminate against qualified applicants unless to do so would be undue hardship. The Americans with Disabilities Act

12. 11-12 Defenses to Employment Discrimination

13. 11-13 Affirmative Action