1. Copyright © Allyn & Bacon 2008 Chapter 9 Discrimination in Employment This multimedia product and its contents are protected under copyright law. The following are prohibited by law: any public performance or display, including transmission of any image over a network; preparation of any derivative work, including the extraction, in whole or in part, of any images; any rental, lease, or lending of the program. This multimedia product and its contents are protected under copyright law. The following are prohibited by law: any public performance or display, including transmission of any image over a network; preparation of any derivative work, including the extraction, in whole or in part, of any images; any rental, lease, or lending of the program.

2. Copyright © Allyn & Bacon 2008 Title VII: Discrimination Title VII: Discrimination One of the most extensive federal employment laws, the Civil Rights Act of 1964 Title VII, provides in part that: One of the most extensive federal employment laws, the Civil Rights Act of 1964 Title VII, provides in part that:

3. Copyright © Allyn & Bacon 2008 a) It shall be an unlawful employment practice for any employee 1. to fail or refuse to hire or to discharge any individual or otherwise to discriminate against any individual with respect to his compensation, terms and conditions or privileges of employment, because of such individual’s race, color, religion, sex or national origin;

4. Copyright © Allyn & Bacon 2008 The Supreme Court developed a three- step procedure for Title VI challenges: The Supreme Court developed a three- step procedure for Title VI challenges:

5. Copyright © Allyn & Bacon 2008 1. The plaintiff carries the initial burden of establishing a prima facie case of employment discrimination. 2. The burden shifts to the defendant to refute the prima facie case by demonstrating that a legitimate nondiscriminatory purpose forms the basis for its actions.

6. Copyright © Allyn & Bacon 2008 3. If the defendant is successful in its contention, then the burden shifts back to the plaintiff to show that the defendant’s actions were a mere pretext for discrimination. If, of course, the defendant can demonstrate the absence of a discriminatory motive, there is no need for step three. If, of course, the defendant can demonstrate the absence of a discriminatory motive, there is no need for step three.

7. Copyright © Allyn & Bacon 2008 Sexual Discrimination Discrimination based on sex is also covered under Title IX of the Education Amendments Act of 1972, 20 U.S.C. which prohibits sexual discrimination by public and private educational institutions receiving federal funds. Discrimination based on sex is also covered under Title IX of the Education Amendments Act of 1972, 20 U.S.C. which prohibits sexual discrimination by public and private educational institutions receiving federal funds.

8. Copyright © Allyn & Bacon 2008 Title IX is administered by the Office for Civil Rights (OCR) of the Department of Education. Title IX is administered by the Office for Civil Rights (OCR) of the Department of Education. Title IX, also like Title VII, makes a provision for sexual distinctions in employment where sex is a bona fide occupational qualification. Title IX, also like Title VII, makes a provision for sexual distinctions in employment where sex is a bona fide occupational qualification.

9. Copyright © Allyn & Bacon 2008 The Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990 The Americans with Disabilities Act (ADA), in conjunction with the IDEA, protects individuals with disabilities against discrimination and assures equal access and opportunity. The Americans with Disabilities Act (ADA), in conjunction with the IDEA, protects individuals with disabilities against discrimination and assures equal access and opportunity.

10. Copyright © Allyn & Bacon 2008 Section 504 of the Rehabilitation Act of 1973 prohibits discrimination against any otherwise qualified person who has a disability with respect to employment, training, compensation, promotion, fringe benefits, and terms and conditions of employment. Section 504 of the Rehabilitation Act of 1973 prohibits discrimination against any otherwise qualified person who has a disability with respect to employment, training, compensation, promotion, fringe benefits, and terms and conditions of employment.

11. Copyright © Allyn & Bacon 2008 The ADA is similar to Section 504 and not only protects students with disabilities but any person who has a physical or mental impairment that substantially limits one or more major life activities, has a record of such impairment, or is regarded by others as having such an impairment. The ADA is similar to Section 504 and not only protects students with disabilities but any person who has a physical or mental impairment that substantially limits one or more major life activities, has a record of such impairment, or is regarded by others as having such an impairment.

12. Copyright © Allyn & Bacon 2008 Major life activities, as interpreted by the act, may include such tasks as caring for oneself, performing manual tasks, hearing, seeing, speaking, breathing, walking, learning, and working. Major life activities, as interpreted by the act, may include such tasks as caring for oneself, performing manual tasks, hearing, seeing, speaking, breathing, walking, learning, and working.

13. Copyright © Allyn & Bacon 2008 Qualifications for Employment Any individual with a disability is qualified under ADA, if with or without reasonable accommodations, he/she can perform the core functions of the employment position held or desired to be held. Any individual with a disability is qualified under ADA, if with or without reasonable accommodations, he/she can perform the core functions of the employment position held or desired to be held.

14. Copyright © Allyn & Bacon 2008 Scope of Protection: Section 504 and ADA Both ADA and the Rehabilitation Act impact public schools by prohibiting disability-based discrimination. Both ADA and the Rehabilitation Act impact public schools by prohibiting disability-based discrimination. When there is an allegation brought against school districts claiming discrimination, individuals bringing these charges may file a complaint with the Department of Education. When there is an allegation brought against school districts claiming discrimination, individuals bringing these charges may file a complaint with the Department of Education.

15. Copyright © Allyn & Bacon 2008 Racial Discrimination The equal protection standards prohibited discrimination which can be linked with a racially motivated objective. The equal protection standards prohibited discrimination which can be linked with a racially motivated objective. Unlike Title VII, no remedial action was attached to the equal protection clause, unless there was clear evidence that segregation was caused by de jure (official and deliberate laws or policies to promote segregation). Unlike Title VII, no remedial action was attached to the equal protection clause, unless there was clear evidence that segregation was caused by de jure (official and deliberate laws or policies to promote segregation).

16. Copyright © Allyn & Bacon 2008 Title VII involves two basic types of claims--disparate treatment and disparate impact. Title VII involves two basic types of claims--disparate treatment and disparate impact. The Supreme Court addressed these two important issues in a later case involving discrimination on disparate treatment and disparate impact. The Supreme Court addressed these two important issues in a later case involving discrimination on disparate treatment and disparate impact.

17. Copyright © Allyn & Bacon 2008 Disparate Treatment simply means that an employer treats some people more unfavorably than others regarding employment, job promotion or employment conditions based on race, color, religion, sex or national origin. Disparate Treatment simply means that an employer treats some people more unfavorably than others regarding employment, job promotion or employment conditions based on race, color, religion, sex or national origin.

18. Copyright © Allyn & Bacon 2008 Disparate Impact is merely a showing that numbers of people of a similar class are affected adversely by a particular employment practice which appears neutral, such as a requirement that all employees pass a test. Disparate Impact is merely a showing that numbers of people of a similar class are affected adversely by a particular employment practice which appears neutral, such as a requirement that all employees pass a test.

19. Copyright © Allyn & Bacon 2008 Age Discrimination Age discrimination in public schools primarily affects teachers. Age discrimination in public schools primarily affects teachers. In past years, many districts forced teachers to retire when they reached a specified age. In past years, many districts forced teachers to retire when they reached a specified age. These policies and practices were challenged by teachers under equal protection guarantees. These policies and practices were challenged by teachers under equal protection guarantees.

20. Copyright © Allyn & Bacon 2008 However, all challenges and uncertainties became insignificant with the passage of the Age Discrimination in Employment Act of 1967 (ADEA) as amended in 1978. However, all challenges and uncertainties became insignificant with the passage of the Age Discrimination in Employment Act of 1967 (ADEA) as amended in 1978.

21. Copyright © Allyn & Bacon 2008 Amendments added in 1986 removed the limit completely except for persons in certain public safety positions (e.g. police officers and fire fighters). Amendments added in 1986 removed the limit completely except for persons in certain public safety positions (e.g. police officers and fire fighters). The act covers teachers and other public employees. The act covers teachers and other public employees.

22. Copyright © Allyn & Bacon 2008 Pregnancy and Public School Employment Teachers in public schools are protected by the Pregnancy Discrimination Act of 1978 (P.L. 95- 555). Teachers in public schools are protected by the Pregnancy Discrimination Act of 1978 (P.L. 95- 555). This law is an amendment to Title VII which extends protection to pregnant employees against any forms of discrimination based on pregnancy. This law is an amendment to Title VII which extends protection to pregnant employees against any forms of discrimination based on pregnancy. The courts have been fairly consistent in their rulings regarding issues related to pregnancy. The courts have been fairly consistent in their rulings regarding issues related to pregnancy.

23. Copyright © Allyn & Bacon 2008 Sexual Harassment Sexual harassment is prohibited by Title VII and Title IX. Sexual harassment is prohibited by Title VII and Title IX. Sexual harassment was not included in Title VII of the Civil Rights of 1964 until 1980. Sexual harassment was not included in Title VII of the Civil Rights of 1964 until 1980. Its primary intent is to protect employees from harassment in their work environments. Its primary intent is to protect employees from harassment in their work environments.

24. Copyright © Allyn & Bacon 2008 Harassment is considered to be a form of sex discrimination. Harassment is considered to be a form of sex discrimination. It can manifest itself in many forms from verbal statements, gestures or overt behavior. It can manifest itself in many forms from verbal statements, gestures or overt behavior. The victim, as well as the harasser, may be a male or a female, not necessarily of the opposite sex. The victim, as well as the harasser, may be a male or a female, not necessarily of the opposite sex.

25. Copyright © Allyn & Bacon 2008 More serious levels may involve sexual coercion or unwanted physical relations. More serious levels may involve sexual coercion or unwanted physical relations. This type behavior quid pro quo is commonly associated with superior- subordinate relationships in which the victim, for fear of reprisal, will unwillingly participate. This type behavior quid pro quo is commonly associated with superior- subordinate relationships in which the victim, for fear of reprisal, will unwillingly participate.