1. Copyright © 2003 by The McGraw-Hill Companies, Inc. All rights reserved.

2. Chapter 3 The Legal Context of Employment Decisions

3. Copyright © 2003 by The McGraw-Hill Companies, Inc. All rights reserved. Discrimination  Disparate Treatment  Adverse Impact

4. Copyright © 2003 by The McGraw-Hill Companies, Inc. All rights reserved. Disparate Treatment  Intentional  McDonnell Douglas vs. Greene  Types  Direct Evidence  Circumstantial Evidence  Mixed Motive

5. Copyright © 2003 by The McGraw-Hill Companies, Inc. All rights reserved. Adverse Impact  Unintentional Discrimination  Griggs vs. Duke Power Co.  Standards unrelated to job  High School Diploma  Wunderlich Test

6. Copyright © 2003 by The McGraw-Hill Companies, Inc. All rights reserved. Answering Charges of Discrimination  Questions to ask about the charges filed against your company  Was the charge filed within the time allowed?  Does the charge name the proper employer?  Is your company subject to federal anti-discrimination statutes?

7. Copyright © 2003 by The McGraw-Hill Companies, Inc. All rights reserved. Hostile Environment  Meritor Savings Bank vs. Vinson  Employers liable for actions of customers (e.g. Accounting firms)  Exercise reasonable care / act promptly

8. Copyright © 2003 by The McGraw-Hill Companies, Inc. All rights reserved. Quid Pro Quo Harassment  Burlington Industries vs. Ellerth  Employer liable for Supervisor misconduct even when unaware.  Defense – Reasonable steps to prevent harassment.

9. Copyright © 2003 by The McGraw-Hill Companies, Inc. All rights reserved. Sexual Harassment  Hostile Environment  Intimidating, hostile or offensive environment; Unwelcome advances.  Quid Pro Quo  You give me this: I’ll give you that.

10. Copyright © 2003 by The McGraw-Hill Companies, Inc. All rights reserved. Preparing a Response to Charges of Discrimination  When preparing a response you should consider the following:  Agree to mediate the charge  Make a settlement offer to the charging party  Prepare a company position statement  The position statement should include the following:  Brief description of the company’s business  Brief description of your understanding of the charging party’s position  Brief description of rules, policies, or procedures you think are relevant  Chronological description of all events leading up to and including the event

11. Copyright © 2003 by The McGraw-Hill Companies, Inc. All rights reserved. Discriminatory Practices Job applicants may not be rejected based on the following  Race  National Origin  Age  Sex  Physical Disability

12. Copyright © 2003 by The McGraw-Hill Companies, Inc. All rights reserved. B F O Q  Examples?  Seamstress  Spa Attendant  Sperm Donor  Wet Nurse  Discrimination for Gender OK when necessary for the operation of the enterprise.

13. Copyright © 2003 by The McGraw-Hill Companies, Inc. All rights reserved. Eighty / Twenty Rule Total Interviewed Number HiredPercentage % 10040 50 Minority 2040 OK 32 % Minimum 50 Minority 1530 Not OK

14. Copyright © 2003 by The McGraw-Hill Companies, Inc. All rights reserved. Federal Enforcement Agencies  The EEOC and the OFCCP enforce federal discrimination policy  EEOC (Equal Employment Opportunity Commission)  Headed-up by five members  Only three can be from the same political party  Positions appointed by the United States President  Serve five year terms  OFCCP (Office of Federal Contract Compliance Programs)  Uses and enforces many of the same policies and procedures as the EEOC

15. Copyright © 2003 by The McGraw-Hill Companies, Inc. All rights reserved. EEOC Guidelines  EECO Complaints are considered under the following criteria:  Does the complaint fall with 180 days of alleged discrimination  Was the complaint resolved within 60 days  Was there are voluntary reconciliation of the complaint  Is the company a public employer

16. Copyright © 2003 by The McGraw-Hill Companies, Inc. All rights reserved. Make up of Primary Discrimination Case Law  Employment Case Law  Unfair discrimination based on race, sex, age, religion, or national origin  Seniority  Testing and interviewing  Personal history information  Preferential Selection

17. Copyright © 2003 by The McGraw-Hill Companies, Inc. All rights reserved. Beyond the Position Statement  The following courses of action may be taken by the EEOC or other governing body following the position statement of a company  Make a determination without requesting additional information from the company  Request additional documentation or other information from the company  Hold a fact finding conference, usually during an investigation on the company’s premises

18. Copyright © 2003 by The McGraw-Hill Companies, Inc. All rights reserved. EEOC Findings  If the company is not found in violation  A no cause finding is issued  The accusing employee has 90 days to file a law suit in court  If the company is found in violation  A cause finding is issued  The at fault company will be invited to a conciliation

19. Copyright © 2003 by The McGraw-Hill Companies, Inc. All rights reserved. A Complete List of Discrimination Acts and Laws  Thirteenth and fourteenth amendment to the Constitution  Civil Right Acts of 1866 and 1871  Equal Pay Act of 1963  Title VII of the Civil Rights Act of 1964  Age Discrimination and In Employment Act of 1967 (as amended in 1996)  Immigration Reform and Control Act of 1986  American with Disabilities Act of 1990  Civil Right Act of 1991  Family and Medical Leave Act of 1993  Executive Order 11246, 11375, and 11478  Rehabilitation Act of 1973  Uniform Service Employment and Re-employment Rights Act of 1994