chapter 21.2. employment discrimination laws civil rights act of 1964civil rights act of 1964 civil...

Chapter 21.2Chapter 21.2Chapter 21.2Chapter 21.2

Employment Employment discrimination lawsdiscrimination laws

•Civil Rights Act of 1964Civil Rights Act of 1964

•Civil Rights Act of 1991Civil Rights Act of 1991

•Sexual HarassmentSexual Harassment

•Pregnancy Discrimination ActPregnancy Discrimination Act

•Age Discrimination in Employment Age Discrimination in Employment ActAct

•Americans with Disabilities ActAmericans with Disabilities Act


• Discrimination Discrimination is the unequal is the unequal treatment of individuals based on treatment of individuals based on sex, age, race, nationality or religionsex, age, race, nationality or religion

• Civil Rights Act of 1964Civil Rights Act of 1964

• Prohibits discrimination in Prohibits discrimination in employment based on 6 protected employment based on 6 protected classes (age added later in 1991)classes (age added later in 1991)


• Equal Employment Opportunity Equal Employment Opportunity Commission (EEOC)Commission (EEOC) has power to has power to stop unfair employment practices by stop unfair employment practices by seeing a court injunction or by suing seeing a court injunction or by suing the employer for damagesthe employer for damages


• Disparate TreatmentDisparate Treatment is is intentionalintentional discrimination against an individual or discrimination against an individual or a group of individuals in a protected a group of individuals in a protected class.class.

• The defense to this is The defense to this is Bona Fide Bona Fide Occupational Qualification (BFOQ)Occupational Qualification (BFOQ) which means “good faith.” which means “good faith.”

• An employer must show that the An employer must show that the qualification is justified in “good faith” qualification is justified in “good faith”


• Disparate ImpactDisparate Impact is is indirectindirect discrimination and occurs when an discrimination and occurs when an employer has an employment employer has an employment policy/criteria that appears neutral but policy/criteria that appears neutral but has an unfair impact on members of has an unfair impact on members of one or more of the protected classes.one or more of the protected classes.

• The defense to this is The defense to this is Business Business NecessityNecessity and requires the employer and requires the employer to show the qualification is required to to show the qualification is required to perform the job.perform the job.


• Civil Rights Act of 1991Civil Rights Act of 1991

• Strengthens doctrine of disparate Strengthens doctrine of disparate impactimpact

• Allows plaintiffs to recover not only Allows plaintiffs to recover not only back pay but also compensation and back pay but also compensation and punitive damages (penalty usually punitive damages (penalty usually paid in money)paid in money)


• Sexual HarassmentSexual Harassment• Occurs 2 waysOccurs 2 ways

• Quid Pro Quo Quid Pro Quo when one worker demands when one worker demands sexual favors from another worker in sexual favors from another worker in exchange for an employment-related decision exchange for an employment-related decision (ex. raise)(ex. raise)

• Hostile Work EnvironmentHostile Work Environment occurs when a occurs when a pattern of severe and pervasive sexually pattern of severe and pervasive sexually demeaning behavior has altered the demeaning behavior has altered the workplace making it a distressing or hostile workplace making it a distressing or hostile place.place.

• Must prove reasonable care was taken to Must prove reasonable care was taken to prohibit or eliminate such harassment.prohibit or eliminate such harassment.


• Pregnancy Discrimination ActPregnancy Discrimination Act

• Ensures fair and equal treatment of Ensures fair and equal treatment of pregnant womenpregnant women

• Makes it unlawful to discriminate Makes it unlawful to discriminate against a woman because of against a woman because of childbirth or physical problems childbirth or physical problems associated with pregnancy or associated with pregnancy or childbirth.childbirth.


• Age Discrimination in Employment ActAge Discrimination in Employment Act

• Prohibits employers with 20+ employees and Prohibits employers with 20+ employees and labor unions of 25+ members from labor unions of 25+ members from discriminating on basis of age.discriminating on basis of age.

• Forbids discrimination against any person age Forbids discrimination against any person age 40 or older in hiring, firing, promotion or other 40 or older in hiring, firing, promotion or other aspects of employment.aspects of employment.

• Older Workers Benefit Protection Plan Act Older Workers Benefit Protection Plan Act (OWBPPA)(OWBPPA)


• Americans with Disabilities ActAmericans with Disabilities Act

• Forbids discrimination on the basis of a Forbids discrimination on the basis of a disability if the disabled individual can disability if the disabled individual can do the “essential functions of a job”do the “essential functions of a job”

• Act defines Act defines disability disability as any physical as any physical or mental impairment that or mental impairment that substantially limits one or more of the substantially limits one or more of the major life activities.major life activities.

chapter 21.2. employment discrimination laws civil rights act of 1964civil rights act of 1964 civil...

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