Employment Discrimination

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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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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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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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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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Exceptions to Title VII

• Business necessity.

• Bona fide occupational qualification (BFOQ).

• Seniority.

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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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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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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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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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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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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.