1. Illegal and Legal Employment Discrimination Business Law Mrs. A &

2. TYPES OF UNJUSTIFIED DISCRIMINATION Race and color Gender Pregnancy Age Religion Disability National origin

3. THE SCOPE OF PROTECTION Conditions of employment: Can’t discriminate in any aspect of the job; hiring, pay, promotion, training, etc… Organizations subject to these laws: ◦ 15 or more employees ◦ Engaged in interstate commerce OF

4. HOW CAN UNEQUAL TREATMENT BE PROVED? Direct and indirect evidence Employer’s general defense 1.Business necessity 2.Defense of bona fide occupational qualification (BFOQ) 3.Defense of seniority

5. WHAT IS DISPARATE IMPACT? The policy that eliminates more members of protected classes than members of the majority classes. Employer defenses: ◦ Business necessity ◦ BFOQ

6. SEXUAL HARASSMENT Quid pro quo ◦ “Silence of the Lambs” Hostile environment

7. LEGISLATION PROHIBITING DISCRIMINATION 1. The Civil Rights Act of 1964 2. Equal Pay Act of 1963 3. Age Discrimination in Employment Act of 1967 4. Americans with Disabilities Act 5. Pregnancy Discrimination Act

8. Employee Injuries

9. JOB SAFETY Negligence Suits Workers’ Compensation OSHA **Provides a place of employment free from hazards that are likely to cause death or serious physical harm.**

10. RECOVERING FROM THE EMPLOYER FOR NEGLIGENCE Employer fails to provide workers’ comp insurance Employee coverage not required Injury not covered by workers’ compensation Employer commits an intentional tort

11. INJURIES COVERED Scope of employment Risks of employment Workers’ Compensation or negligence

12. WHO IS NOT COVERED? Few workers (3 or less) or casual workers Independent contractors Other systems of coverage (State and Federal employees governed by special statutes.)