1. Discrimination in Employment Chapter 23

2. Employment Discrimination Treating individuals differently based on differences Treating individuals differently based on differences Can be either for or against individuals Can be either for or against individuals

3. Protected Classes 1. Race and color 2. Gender 3. Pregnancy 4. Age 5. Religion 6. Disability - limited 7. National Origin

4. Justified (legal) Discrimination When workers are judged based on dependability, skill, creativity, knowledge and work ethic When workers are judged based on dependability, skill, creativity, knowledge and work ethic May receive more raises in pay, promotions, etc. May receive more raises in pay, promotions, etc.

5. NOTE: Employers with 15 or more employees that are engaged in interstate commerce are subject to federal employment discrimination laws!!!

6. Equal Pay Act (1963) Prohibits wage discrimination on the basis of sex, when the same skill, effort and responsibility are required Prohibits wage discrimination on the basis of sex, when the same skill, effort and responsibility are required

7. Title VII – Civil Rights Act (1964) Forbids employers, employment agencies and unions from discrimination (1964) Forbids employers, employment agencies and unions from discrimination Equal Employment Opportunity Commission (EEOC) – has authority to investigate and settle discrimination complaints

8. Affirmative Action plan Mandated to remedy past discrimination Mandated to remedy past discrimination Must include positive steps aimed at offsetting past discrimination by bringing percentages of minorities and women into the workforce Must include positive steps aimed at offsetting past discrimination by bringing percentages of minorities and women into the workforce

9. Age Discrimination Act (1967) Forbids discrimination against workers over 40 in any employment practice Forbids discrimination against workers over 40 in any employment practice Exceptions are made only when age is a necessary consideration for performance (police officers, fire fighters, etc.) Exceptions are made only when age is a necessary consideration for performance (police officers, fire fighters, etc.)

10. Americans with Disabilities Act ADA – requires that employers not engage in discrimination against disabled persons (physical or mental) ADA – requires that employers not engage in discrimination against disabled persons (physical or mental) Employers must only make reasonable accommodations for a qualified disabled workers until the point that hardship may occur Employers must only make reasonable accommodations for a qualified disabled workers until the point that hardship may occur

11. Pregnancy Discrimination Act Statute that makes it illegal to discriminate because of pregnancy, childbirth or related medical conditions Statute that makes it illegal to discriminate because of pregnancy, childbirth or related medical conditions May not refuse to hire or promote May not refuse to hire or promote May not demote May not demote

12. Proving Illegal Discrimination Chapter 23 – 2

13. Unequal Treatment An employer intentionally treats members of a protected class less favorable than other employees An employer intentionally treats members of a protected class less favorable than other employees (disparate treatment) (disparate treatment)

14. Evidence of Unequal Treatment Direct Evidence Direct Evidence –Intentional and open Ex. “men only” “no jews need apply” “no jews need apply” - Employee need only prove that he/she was denied employment

15. Evidence of Unequal Treatment Indirect Evidence Indirect Evidence –Employer denies any intention Employee must show: 1.Member of protected class 2.Apply for qualified job 3.Rejection 4.Employer holds job open and seeks another

16. Evidence based on Statistics Government initiates proceedings based on evidence of a pattern and practice of discrimination Government initiates proceedings based on evidence of a pattern and practice of discrimination Must show a statistically significant difference between the protected class and workforce Must show a statistically significant difference between the protected class and workforce

17. Employer Defenses 1. Business Necessity – actions were meant to advance the business rather than create unjustified discrimination

18. Employer Defenses 2. Bona Fide Occupational Qualifications (BFOQ) – compels (requires) discrimination Ex. Actors in a play - Must be essential to the business

19. Employer Defenses 3. Bona fide seniority system – rewarding employees based on length of employment 4. Pretexts Ex. Hiring a single man over a mother on the basis of extensive traveling (traveling is easier on his schedule)

20. Neutral on its face – policy makes no reference to a protected class ** Disparate impact – policy eliminates more members of protected class than those of majority

21. Proving Disparate Impact By statistical proof… By statistical proof… 1.Applicant Pool 2.Workforce Pool - If percentage in applicant pool is higher than percentage in workforce group, this suggests disparate impact

22. Sexual Harassment Quid pro quo – one thing exchange for another Ex. Boss threatens to fire unless… Hostile environment – when unwelcomed comments, gestures, or contact interferes with an employee’s ability to work