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Employment Discrimination
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©SHRM 2008 2
Disparate Treatment
• Disparate treatment is discrimination that occurs when an employer treats some employees less favorably because of their race, color, religion, sex or national origin.
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©SHRM 2008 3
Civil Rights Act of 1866
• Oldest federal legislation that affects staffing.
• Based on 13th Amendment.
• Gives all citizens same property rights and contracts “enjoyed by white citizens”.
• No statute of limitations.
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©SHRM 2008 4
Equal Pay Act of 1963
• Equal pay for men and women who do “substantially the same work”.
• Permits pay distinctions when based on the following:> Unequal responsibility.> Different working conditions.> Seniority differences.> Merit pay system.> Quantity and quality of production.
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©SHRM 2008 5
Title VII of the Civil Rights Act - 1964
• Prohibits employment discrimination based on:> Race, Color, Sex, Religion, National Origin
• Established the Equal Employment Opportunity Commission (EEOC).
• Applies to employers with 15 or more employees.
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©SHRM 2008 6
Exceptions to Title VII
• Business necessity.
• Bona fide occupational qualification (BFOQ).
• Seniority.
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©SHRM 2008 7
Age Discrimination in Employment Act - 1967
• Makes it illegal to discriminate against workers 40 years old and older.
• With limited exceptions, there is no upper age ceiling.
• Applies to employers with 20 or more employees.
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©SHRM 2008 8
Pregnancy Discrimination Act - 1978
• Amendment to Title VII of the Civil Rights Act.
• Illegal to discriminate based on pregnancy, childbirth or related medical conditions.
• Employer must treat pregnancy the same as any other temporary disability.
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©SHRM 2008 9
Rehabilitation Act of 1973
• Prohibits discrimination based on physical or mental disabilities.
• Applies to federal government and federal contractors with grants in excess of $2,500.
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©SHRM 2008 10
Americans with Disabilities Act - 1990
• Prohibits discrimination against qualified individuals with disabilities.
• Requires reasonable accommodation unless the accommodation creates a business hardship.
• Applies to organizations with 15 or more employees.
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©SHRM 2008 11
Americans with Disabilities Act - 1990
• Defines “an individual with a disability” as a person who:> Has, or is regarded as having, a physical or
mental impairment that substantially limits one or more major life activities, and;
> Has a record of such an impairment, or;> Is regarded as having such an impairment.
• Does not cover correctable physical limitations.
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©SHRM 2008 12
Americans with Disabilities Act - 1990
• A job function may be considered essential if:> The reason the job exists is to perform the function.> There are a limited number of other employees
available to perform the function.> The function is highly specialized and requires
specific expertise or ability.