_________________ prohibits discrimination in employment on the basis of race, sex, color, religion, and national origin.
Title VII
A class of persons defined by one or more of criteria in Title VII is a
protected class
Title VII protects all people from what
discrimination in employment
Who does Title VII apply to?
-Applies to employers (including state and government agencies):
-involved with interstate commerce and
-with fifteen or more employees
Who monitors compliance with Title VII?
Equal Employment Opportunity Commission EEOC
An employee alleging discrimmination must file a claim with EEOC before __________________
a lawsuit can be brought against employer
The EEOC usually only takes...
priority cases.
Intentional Discrimination
Intentional discrimination by an employer against an employee is disparate-treatment
Prima Facie Case example
-Plaintiff a member of a protected class
-Applied, qualified for job
-Rejected by employer
-Employer sought other applicants
Burden-Shifting Procedure
-Burden then shifts to employer who must articulate a non-discriminatory reason for not hiring.
-Burden then shifts back to Plaintiff to show Employer's reason is a pretext (not the real reason for failing to hire).
Disparate-impact discrimination
occurs when a protected group of people is adversely affected by an employer's practices, procedures, or tests, even though they do not appear to be discriminatory
Pool of Applicants Test
Plaintiff shows percentage of the protected class in employer's workforce does not reflect percentage in local labor market
Rate of Hiring
Plaintiff compares selection rates of members of protected class with nonmembers in employer's workforce. According to EEOC, less than 80 percent may show disparate impact.
Discrimination Based on Race, Color, and National Origin
Title VII prohibits employment policies or intentional/ negligent discrimination on basis of race, color, or national origin
Discrimination Based on Race, Color, and National Origin
Policies that discriminate are illegal, unless they have a substantial demonstrable relationship to realistic qualifications for job
Reverse Discrimination
Title VII also protects against reverse discrimination�that is, discrimination against members of a majority group such as white males
Discrimination Based on Religion
-Employers must not engage in religious discrimination and must:
"reasonably accommodate" the "sincerely held" religious practices of its employees, unless to do so would cause "undue hardship" to employer's business
Discrimination Based on Gender
Employers are prohibited from classifying jobs based on gender, unless employer can prove gender is essential to the job.-
Pregnancy Discrimination
Pregnancy Discrimination Act expanded Title VII to include discrimination based on pregnancy, childbirth, or related medical conditions
What act protects against Wage Discrimination
Equal Pay act
What does the Equal Pay Act require?
Equal Pay Act requires equal pay for male and female employees working at the same establishment doing similar work.
How do courts determine if a person is not recieving equal pay?
To determine violations, courts look to the primary duties (job content) of the two jobs
The term "sex" in Title VII now includes...
sexual orientation and gender identity
For constructive discharge to occur what must a plantiff do?
-Plaintiff must present objective proof of intolerable working conditions which employer knew or should have known about but failed to correct.
-Employee's resignation must be a foreseeable result of working conditions
True or False Plaintiffs can use constructive discharge to establish any type of discrimination claim under Title VII.
True
Where is Title VII discrimination most commonly asserted?
sexual harassment cases
What is a defense to disparate-impact discrimination for an employer?
Business necessity
-Requires employer to demonstrate a job qualification is reasonably necessary to the legitimate conduct of employer's business.
Bona Fide Occupational Qualification (BFOQ):
Employer must prove that discrimination against a protected class is essential to a job and a BFOQ.
What can never be BFOQ?
race and color
True or false? Courts have generally restricted the BFOQ defense to situations in which gender or religion is essential to the job.
True
Sexual Harassment ic covered by what title?
Title VII's
what are the 2 forms of sexual harassment?
Quid Pro Quo
Hostile Work Environment
Quid Pro Quo
Sexual favors are demanded in return for job opportunities, promotions, salary increases, or other tangible benefits
Hostile Work Environment
Occurs when workplace is permeated with discriminatory intimidation, ridicule, and insult so severe as to alter the conditions of the victim's employment and create an abusive working environment
For employer to be liable for a supervisor's sexual harassment, a supervisor must have
taken a tangible employment action against the employee
Ellerth/Faragher Affirmative Defense has two element what are they?
1. Employer must have taken reasonable care to prevent and promptly correct any sexually harassing behavior
2. Plaintiff-employee must have unreasonably failed to take advantage of preventative or corrective opportunities to avoid harm
True or False?
If an employer can prove both elements of Ellerth/Faragher affirmative defense, he will not be liable for supervisor's harassment
True
How should employers prevent sexual harassment ?
-Ensure employees are trained on workplace sexual harassment policies.
-I.E.- what is sexual harassment, what to do if it happens to you.
-Have systems in place to handle sexual harassment complaints-anonymous tip lines, designated individuals to hear com
What is retaliation by employers?
Tangible employment action (such as firing or demotion) against employee that complains about sexual harassment or other Title VII violations
What are the requirements for protection against retaliation by employers?
Plaintiff must have opposed a practice prohibited by Title VII and suffered an adverse employment action as a consequence of the opposition.
True or false retaliation can extend to others associated with the plantiff
True
Employer is only liable for harassment by coworkers and others if...
they knew or should have known and failed to take action
What case prohibited against same sex sexual harassment
Oncale v. Sundowner Offshore Services
When does online harassment occur
when a hostile work environment is created using company chat, blogs, e-mail, or other electronic means
True or false Employees may be discharged for using company computers to distribute offensive material to coworkers
TRUE
Liability may be extensive. Plaintiff may receive...
-Reinstatement.
-Back Pay.
-Retroactive Promotions.
-Damages.
What is the Americans with disability Act (ADA)
requires employers to offer "reasonable accommodation" to employees or applicants with a disability who are otherwise qualified for the job they hold or seek
What are the procedures under the ADA?
Plaintiff must show that he or she
(1) has a disability,
(2) is otherwise qualified for the employment in question, and
(3) was excluded from the employment solely because of the disability.
What Is a "Disability"?
Physical or mental impairment that substantially limits one or more of major life activities
A record of such impairment; or
Being regarded as having such an impairment
What are some examples of what is classified as a disability under federal law?
-alcoholism
-AIDS or HIV
-cancer
Employers are required to keep their employees' medical information....
confidential
If an employer discloses an employee's confidential medical information, that employee has...
a right to sue the employer�even if the employee was not technically disabled
If an employee with a disability can perform the job with reasonable accommodation, without undue hardship on the employer, the accommodation...
must be made
What is undue hardship
Employers who do not accommodate the needs of persons with disabilities must demonstrate that accommodations would cause undue hardship due to significant difficulty or expense
True or false?
Employers do not have to modify applications and selection process so those with disabilities can compete
FALSE THEY MUST MODIFY
True or False Employers are restricted on pre-hiring questions and physical exams
TRUE
When can an employer disqualify an applicant?
only if the medical problems discovered during a preemployment physical would make it impossible for the applicant to perform the job.