1. Essentials of the legal environment today, 5e
Roger leroy miller
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2. Employment discrimination
Chapter 17
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3. Learning Objectives
Generally, what kind of conduct is prohibited by Title VII of the Civil Rights Act?
What is the difference between disparate-treatment discrimination and disparate-impact discrimination?
What remedies are available under Title VII of the Civil Rights Act?
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4. LEARNING OBJECTIVES (CONT’D)
What federal act prohibits discrimination based on age?
What are three defenses to claims of employment discrimination?
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5. Title VII of the Civil Rights Act
Title VII prohibits discrimination in employment on the basis of race, color, national origin, religion, or gender.
Applies to employers or unions with 15+ employees/members
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6. Title VII of the Civil Rights Act
The Equal Employment Opportunity Commission (EEOC)
Monitors compliance with Title VII
EEOC investigates “priority cases”
2011 U.S. Supreme Court limited the rights of employees to bring discrimination claims against their employer as a group
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7. Title VII of the Civil Rights Act
Intentional and Unintentional Discrimination
Intentional discrimination
Known as disparate-treatment discrimination – a form of employment discrimination that results when an employer intentionally discriminates against employees who are members of protected classes
Prima facie case
Unintentional discrimination
Disparate-impact discrimination – results from certain employer practices that have a discriminatory effect
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8. Title vii of the civil rights act
Discrimination Based on Race, Color, and National Origin
Title VII prohibits employment policies or intentional/ negligent discrimination on basis of race, color, or national origin.
Policies that discriminate are illegal, unless (except for race) they have a substantial demonstrable relationship to realistic qualifications for job.
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9. Title vii of the civil rights act
Reverse Discrimination
Discrimination against “majority” individuals
Potential “Section 1981” Claims
Enacted in 1866 to protect the rights of freed slaves
Prohibits discrimination on the basis of race or ethnicity in the formation or enforcement of contracts
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10. Title vii of the civil rights act
Discrimination Based on Religion
Reasonable accommodation
An employer must “reasonably accommodate” the religious practices of its employees unless it causes undue hardship to the business
Undue hardship
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11. Title vii of the civil rights act
Discrimination Based on Gender
Employers are prohibited from classifying jobs based on gender, unless employer can prove gender is essential to the job.
Gender must be a determining factor
Wage discrimination
Equal Pay Act – requires equal pay for male and female employees at the same business
Lilly Ledbetter Fair Pay Act – made discriminatory wages actionable under federal law
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12. Title vii of the civil rights act
Constructive Discharge
Employer causes working conditions to be so intolerable that reasonable person would feel compelled to quit.
Proving constructive discharge
Objective proof of intolerable working conditions which employer knew about.
Employee’s resignation must be a foreseeable result of working conditions.
Applies to all Title VII discrimination
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13. Title vii of the civil rights act
Sexual Harassment
Quid pro quo harassment
Hostile-environment harassment
Harassment by supervisors
Tangible employment action
The Ellerth/Faragher affirmative defense
1998 United States Supreme Court ruling
Retaliation by employers
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14. Title vii of the civil rights act
Harassment by co-workers and nonemployees
Employer may still be held liable
Same-gender harassment
Title VII extends to individuals sexually harassed by members of same gender
Sexual orientation harassment
Federal law does not prohibit discrimination or harassment based on a person’s sexual orientation
Some states have passed laws that prohibit sexual orientation discrimination
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15. Title vii of the civil rights act
Online Harassment
Hostile work environment created using company chat, blogs,
Employers may avoid liability with prompt remedial action.
Employees may be discharged for using company computers to distribute offensive material to coworkers.
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16. Title vii of the civil rights act
Remedies under Title VII
Employer liability may be extensive.
Plaintiff may receive
Reinstatement
Back pay
Retroactive promotions
Damages
Statute limits total amount of compensatory and punitive damages depending on size of employer.
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17. Discrimination Based on Age
Age Discrimination in Employment Act (ADEA)
Protects individuals over the age of 40 from workplace discrimination that favors younger workers
Prohibits mandatory retirement for nonmanagerial workers
Protects federal government employees
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18. Discrimination based on age
Procedures under the ADEA
2009 United States Supreme Court changed burden of proof
Prima facie case
Member of the protected age group
Qualified for the position discharged from
Discharged because of age discrimination
Pretext
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19. Discrimination based on age
State Employees Not Covered by the ADEA
State immunity under the Eleventh Amendment
State employers are immune from private suits brought by employees under the ADEA
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20. Discrimination based on Disability
Americans with Disability Act (ADA)
Prohibits disability-based discrimination in workplaces with 15+ workers
Procedures under the ADA
Has a disability
Is otherwise qualified for job in question
Was excluded from the job solely because of the disability
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21. Discrimination based on disability
What Is a Disability?
A physical or mental impairment that substantially limits one or more of an individual’s major life activities
A record of such impairment
Being regarded as having such an impairment
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22. Discrimination based on disability
Reasonable Accommodation
Undue hardship
Significantly difficult or expensive for employer
Job applications and preemployment physical exams
Substance abusers
Former drug addiction is a disability under the ADA.
Health-insurance plans
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23. Defenses to Employment Discrimination
Possible justifications
Result of a business necessity
Bona fide occupational qualification
Seniority system
Lack of motive
After-acquired evidence of employee misconduct
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24. Defenses to Employment Discrimination
Business Necessity
A defense to alleged employment discrimination in which the employer demonstrates that an employment practice that discriminates against members of a protected class is related to job performance
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25. Defenses to Employment Discrimination
Bona Fide Occupational Qualification (BFOQ)
Identifiable characteristics reasonably necessary to the normal operation of a particular business.
Characteristics can include gender, national origin, and religion, but not race.
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26. Defenses to Employment Discrimination
Seniority Systems
A system in which those who have worked longest for an employer are first in line for promotions, salary increases, and other benefits, and are last to be laid off if the workforce must be reduced
A Lack of Motive
Burden of proof shifts if plaintiff can show the employer was motivated by unlawful discrimination
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27. Defenses to Employment Discrimination
After-Acquired Evidence of Employee Misconduct
Refers to evidence of misconduct, committed by an employee who is suing an employer for employment discrimination.
Not an absolute defense for employer.
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28. Affirmative Action
Job-hiring policies that give special consideration to members of protected classes in an effort to overcome present effects of past discrimination
Title VII neither requires no prohibits affirmative action
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29. Affirmative action Equal Protection Issues States Can Prohibit
Affirmative action programs may violate equal protection clause of 14th Amendment
States Can Prohibit
Some states enacted laws that prohibit affirmative action programs
2014 U.S. Supreme Court recognized that states have the power to enact such bans
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