1. Chapter 33 Equal Opportunity in Employment

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Civil Rights Act of 1964
Statutes that outlawed employment discrimination against certain classes
Providing equal opportunity in employment
Title VII of Civil Rights Act of 1964: Enacted to eliminate job discrimination based on race, color, religion, sex, and national origin
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3. Scope of Coverage of Title VII
It applies to:
Employers with fifteen or more employees
All employment agencies
Labor unions with fifteen or more members
State and local governments and agencies
Federal government employment
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4. Scope of Coverage of Title VII
Prohibits discrimination in hiring, promotion, compensation, dismissal, work rules, etc.
Disparate-treatment discrimination: Employer discriminates against a specific individual based on the person’s race, color, religion, sex, or national origin
Disparate-impact discrimination: Employer discriminates against an entire protected class
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5. Remedies for Violations of Title VII
Successful plaintiff can recover:
Back pay and reasonable attorneys’ fees
Equitable relief, including reinstatement and seniority
Punitive damages for intentional discrimination
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6. Race, Color, and National Origin Discrimination
Race discrimination: based on a person’s race
Color discrimination: based on a person’s color
National origin discrimination: based on a person’s heritage, cultural characteristics, or country of the person’s ancestors
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7. Gender Discrimination
Discrimination based on gender
Prohibits discrimination where sexual favors are requested to obtain job or promotion
Pregnancy Discrimination Act: forbids discrimination due to pregnancy, childbirth, or related medical conditions
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8. Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.
Sexual Harassment
Lewd remarks, touching, intimidation, posting of indecent materials, and other verbal or physical conduct of a sexual nature
Sexual harassment that creates hostile work environment violates Title VII
Same-sex harassment also violates Title VII
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9. Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.
Sexual Harassment
Employer may defend by proving that:
He exercised care to prevent and correct any such behavior
Plaintiff-employee failed to take advantage of preventive or corrective opportunities provided by employer
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10. Religious Discrimination
Discrimination based on a person’s religion or religious practices
Employer has to reasonably accommodate religious observances, practices, and beliefs of employees
Permits religious organizations to employ individuals of a particular religion
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11. Defenses to a Title VII Action
Employers can select employees based on merit, which includes work, qualification, etc.
Employers maintain seniority system that reward long-term employees
Bona fide occupational qualification (BFOQ):
Discrimination based on protected classes other than race or color is permitted
Must be job related and a business necessity
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12. Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.
Equal Pay Act
Protects both sexes from pay discrimination based on sex
Prohibits disparity in pay for jobs that require:
Equal skill
Equal effort
Equal responsibility
Similar working conditions
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13. Criteria That Justify a Differential in Wages
Four criteria that justify a differential in wages:
Seniority
Merit
Quantity or quality of product
Any factor other than sex
Employer bears the burden of proving these defenses
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14. Age Discrimination in Employment Act
Prohibits age discrimination practices:
Against employees who are 40 years and older
In all employment decisions, including hiring, promotions, compensation, etc.
With regard to employee benefits
Permits age discrimination where BFOQ is shown
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15. Americans with Disabilities Act
Employers and providers of public transportation, telecommunications, and public accommodations must accommodate individuals with disabilities
Qualified individual with a disability: prohibits discrimination against individual who has physical or mental impairment that limits a major life activity, but can perform the functions of the job
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16. Americans with Disabilities Act
Limits on employer questions: limits employer’s ability to inquire about an applicant’s disabilities
Reasonable accommodation for disability: employer is obliged to reasonably accommodate an individual’s disability, if it does not cause undue hardship on employer
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17. Americans with Disabilities Act
Undue hardship: employers are not obligated to provide accommodations that impose an undue hardship on employer
Uncovered conditions: certain conditions of disability, like temporary impairments, and users of illegal drugs and alcohol are not covered by the act
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18. Genetic Information Nondiscrimination Act
Prohibits discrimination against employees based on genetic information
Prohibits use of genetic information in making decisions, including hiring, promoting, providing benefits, etc.
Remedies for violation include corrective action and monetary fines
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19. Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.
Affirmative Action
Affirmative action plan: job preferences given to minority groups and other protected-class applicants when making employment decisions
Legal, if narrowly tailored to achieve compelling interest
Reverse discrimination: discrimination against a majority group
Majority group may sue under Title VII
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20. Protection from Retaliation
Prohibits employers from retaliating against employee for:
Filing a charge of discrimination
Participating in a discrimination proceeding
Acts of retaliation include dismissing, demoting, harassing, etc.
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21. Case 33.2: U.S. Supreme Court Employer Retaliation
Thompson v. North American Stainless, LP
131 S.Ct. 863, 178 L.Ed.2d 694, Web 2011 U.S. Lexis 913 (2011)
Supreme Court of the United States
Issue
Does Title VII permit third-party retaliation claims against an employer?
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22. Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.
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