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Equal Employment Opportunity and Discrimination in

Employment

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Title VII--Civil Rights Act of 1964

• History• Basic coverage

• Prohibits discrimination based on: race, color, sex, national origin, or religion

• Covers employers with 15 or more employees

• Enforcement of Title VII• What is EEOC? IHRC?• Enforcement procedures

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Discrimination Under Title VII

• Not all discrimination is illegal• Sexual orientation; weight; others• Bona fide occupational qualification

(BFOQ)• Disparate Treatment

• What is it?• Disparate Impact

• What is it?• “Business necessity” rule

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Proving the case

• Proving disparate impact• Compare “protected class” employees

with workforce percentage• Is test job-related?

• Burdens of Proof• Initial burden (prima facie) upon plaintiff• then burden on defendant (justification)• plaintiff may then show “pretext”

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Other discrimination issues

• Mixed motives• Retaliation not permitted

• Morris v. Oldham County case

• Race-norming• Seniority and Title VII

• Last hired may be first laid off• Is the plan “bona fide”?

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Affirmative Action• To address effects of past discrimination• Title VII does not require Affirm. Action• Supreme Court cases:

• Adarand case==Supreme Court ordered “strict scrutiny” of set aside programs; must show past discrimination

• Weber case allowed voluntary program in private sector for spots in training program if nonminority not “severely disadvantaged” (don’t lose jobs)

• Federal contractors must prepare AA plan• Some courts may order AA as remedy for proven

violations of discrimination laws

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Sex discrimination

• Stereotyping; sex-plus discrimination• Sex-based pay differentials

• Title VII• Equal Pay Act

• Wide coverage• “equal pay for equal work”• Types of remedies

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Other gender based issues

• Pregnancy Discrimination• what is the law?• Treat pregnancy same as other disability

• Sexual Harassment• “Quid pro quo”• “Hostile Environment”• When is an employer liable? Vicarious liability?• Faragher case• Hill v. American General Finance case

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Religion and National Origin

• Religious discrimination• Some BFOQs are allowed• “Reasonable accommodation” required• Balint v. Carson City case

• National Origin discrimination• Types of discrimination prohibited?

• Title VII Remedies• Reinstatement; back pay; “front pay”;

compensatory and perhaps punitive damages; sometimes attorney fees

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Age Discrimination

• Applies to workers age 40 and older• Covers all aspects of employment• Look at actions taken by the

employer, not just what employer says

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Discrimination against those with disabilities

• Americans with Disabilities Act (ADA)• Protects “qualified workers with a disability”

Sutton case• Requires reasonable accommodation by

employer, unless that causes undue hardship

• Or if worker is regarded as disabled• Or is worker causes threat to others or to self

• Echazabal case

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Family and Medical Leave

• FMLA of 1993• Employee must have worked 12 months

and at least 1250 hours at this place• Employee can take up to 12 months of

unpaid leave for• Birth or adoption of child• Care of child, parent, or spouse• For “serious health condition”

• Employee must be restored to “same or equivalent position” upon return