1. Section 21.2

2. What You’ll Learn
How to define discrimination (p. 465)
How to identify the objective of the Civil Rights Act (p. 465)

3. What You’ll Learn
How to identify the goal of the Age Discrimination in Employment Act (p.470)
How to explain the mission of the Americans with Disabilities Act (p.470)

4. Why It’s Important
You need to know the laws that outlaw employment discrimination to be able to identify instances of discrimination.

5. Legal Terms
discrimination (p. 465)
disparate treatment (p. 466)
bona fide occupational qualifications (BFOQ) (p.468)
disparate impact (p. 468)

6. Legal Terms
business necessity (p. 468)
quid pro quo harassment (p. 469)
hostile work environment (p. 469)
disability (p. 470)

7. Section Outline Discrimination The Civil Rights Act of 1964
Sexual Harassment
Pregnancy Discrimination Act
Age Discrimination in Employment Act
Americans with Disabilities Act

8. Pre-Learning Question
How does the government discourage discrimination in employment opportunities?

9. Discrimination
During the second half of the twentieth century, Congress enacted legislation to discourage employment opportunity discrimination.

10. Discrimination
Discrimination is the unequal treatment of individuals based on sex, age, race, nationality, or religion.

11. Discrimination Congress enacted the following legislation:
The Civil Rights Act of 1964
Civil Rights Act of 1991
Pregnancy Discrimination Act

12. Discrimination Age Discrimination in Employment Act
Americans with Disabilities Act

13. The Civil Rights Act of 1964
Title VII of the Civil Rights Act of 1964 prohibits discrimination in employment based on race, color, religion, sex, or national origin.
These five categories, along with age, are often referred to as protected classes.

14. The Civil Rights Act of 1964
The Equal Employment Opportunity Commission (EEOC) has the power to stop unfair employment practices by seeking a court injunction or by suing the employer for damages.

15. Name the six protected classes.

16. ANSWER
Race, color, religion, sex, national origin, and age.

17. Disparate Treatment
Discrimination can take place through disparate treatment and disparate impact.

18. Disparate Treatment
Under disparate treatment, the employer intentionally discriminates against an individual or a group of individuals belonging to one of the protected classes.

19. Disparate Treatment
Employers have a defense against the charge of disparate treatment, which is bona fide occupational qualification (BFOQ).

20. Disparate Treatment
If the employer can show that the qualification in question is a bona fide (good faith) employment qualification, then the discrimination may be justified.

21. Disparate Impact
Discrimination can also take place via disparate impact, which is indirect discrimination.

22. Disparate Impact
This occurs when an employer has an employment policy or criteria that appears neutral but has an unfair impact on the members of one or more of the protected classes.

23. Disparate Impact
Employers have a defense against a charge of disparate impact, known as business necessity.

24. Disparate Impact
If the employer can show that qualification is required to perform the job, then it may be permitted despite its disparate impact on a protected class.

25. Equal Protection in Employment
21.2
Equal Protection in Employment
Civil Rights Act of 1964
Employers are not permitted to discriminate in hiring practices either directly through disparate treatment or indirectly through disparate impact.
The protection granted to employees under the Civil Rights Act includes not only hiring practices but also treatment on the job.

26. Civil Rights Act of 1991
The Civil Rights Act of 1991 was enacted by Congress:
To strengthen the doctrine of disparate impact.
To allow plaintiffs to recover not only back pay but also compensatory and punitive damages.

27. Sexual Harassment
Sexual harassment can occur either through quid pro quo harassment or through the creation of a hostile work environment.

28. Sexual Harassment
Quid pro quo harassment occurs when one worker demands sexual favors from another worker in exchange for some employment-related decision, such as a raise or a promotion.

29. Sexual Harassment
In contrast, the creation of a hostile working environment occurs when a pattern of severe and pervasive sexually demeaning behavior has altered the workplace, making it a distressing, humiliating, or hostile place.

30. Pregnancy Discrimination Act
To ensure the fair and equal treatment of pregnant women, the Pregnancy Discrimination Act was enacted.

31. Pregnancy Discrimination Act
The law makes it unlawful to discriminate against a woman because of childbirth or physical problems associated with pregnancy or childbirth.

32. Robert Cornplanter worked as a short-order cook in a restaurant while attending college. He worked among many women who thought he was very attractive.

33. At first he felt flattered, but it didn’t take long before he dreaded facing several women who said and did things that made him very uncomfortable. He finally quit just to get away from them.

34. What kind of sexual harassment did Robert face?

35. ANSWER
Disparate impact.

36. Age Discrimination in Employment Act
This act (the ADEA) prohibits employment agencies, employers with 20 or more employees, and labor unions of more than 25 members from discriminating on the basis of age.

37. Age Discrimination in Employment Act
The act forbids discrimination against any person age 40 or older in hiring, firing, promotion, or other aspects of employment.

38. Americans with Disabilities Act
This act forbids discrimination on the basis of a disability if the disabled individual can do the “essential functions” of a job.

39. Americans with Disabilities Act
The act defines disability as any “physical or mental impairment that substantially limits one or more of the major life activities.”

40. Reviewing What You Learned What is discrimination?
Section Assessment
Reviewing What You Learned
What is discrimination?

41. Reviewing What You Learned Answer
Section Assessment
Reviewing What You Learned
Answer
The unequal treatment of individuals based on sex, age, race, nationality, or religion.

42. Reviewing What You Learned
Section Assessment
Reviewing What You Learned
What is the objective of the Civil Rights Act of 1964?

43. Reviewing What You Learned Answer
Section Assessment
Reviewing What You Learned
Answer
To prohibit discrimination in employment based on race, color, religion, sex, or national origin.

44. Reviewing What You Learned
Section Assessment
Reviewing What You Learned
What is the mission of the Americans with Disabilities Act?

45. Reviewing What You Learned Answer
Section Assessment
Reviewing What You Learned
Answer
The act forbids discrimination on the basis of a disability if the disabled individual can do the “essential functions” of a job.

46. Critical Thinking Activity Pregnancy
Section Assessment
Critical Thinking Activity
Pregnancy
Why did the legislature believe that it was appropriate to pass the Pregnancy Protection Act?

47. Critical Thinking Activity Answer Pregnancy
Section Assessment
Critical Thinking Activity Answer
Pregnancy
Answers will vary, but should recognize that the purpose of the act is to ensure the fair and equal treatment of pregnant women.

48. Legal Skills in Action Sexual Harassment
Section Assessment
Legal Skills in Action
Sexual Harassment
Your friend, Alison, believes that she has been the victim of sexual harassment.

49. Legal Skills in Action Sexual Harassment
Section Assessment
Legal Skills in Action
Sexual Harassment
She is apprehensive about reporting the harassment to the Human Resources Director at her place of employment, which is a requirement of the company’s anti-harassment policy.

50. Legal Skills in Action Sexual Harassment
Section Assessment
Legal Skills in Action
Sexual Harassment
Write a letter to Alison explaining whether she should file the complaint.

51. Legal Skills in Action Answer
Section Assessment
Legal Skills in Action Answer
Sexual Harassment
Letters will vary, but could point out to Alison the importance of following the proper procedures in order to stop the harassment.

52. End of Section 21.2