equal opportunity in employment
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Equal Opportunity in EmploymentTRANSCRIPT
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Chapter Thirteen
Equal Opportunity in Employment
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Chapter Thirteen – Objectives
1. Describe the scope of coverage of the Title VII of the Civil Rights Act of 1964.
2. Identify race, color, and national origin discrimination that violate Title VII.
3. Identify sex discrimination – including sexual harassment – that violates Title VII.
4. Describe the scope of coverage of the Age Discrimination in Employment Act.
5. Describe the protections afforded by the Americans with Disabilities Act.
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Equal Opportunity in Employment
The right of all employees and job applicants:
1. To be treated without discrimination, and
2. To be able to sue employers if they are
discriminated against.
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Equal Employment Opportunity Commission (EEOC)
The federal administrative agency responsible for enforcing most federal anti-discrimination laws.
The EEOC is empowered to: Conduct investigations Interpret the statutes Encourage conciliation between employees and
employers Bring suit to enforce the law
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Title VII of the Civil Rights Act of 1964
Intended to eliminate job discrimination based on five protected classes: Race Color Religion Sex National Origin
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Scope of Coverage of Title VII
Title VII applies to: Employers with 15 or more employees All employment agencies Labor unions with 15 or more members State and local governments and their agencies Most federal government employment
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Scope of Coverage of Title VII (continued)
Title VII applies to any term, condition, or privilege of employment including, but not limited to: Hiring and firing Work rules Promotion and demotion Payment of compensation and benefits Availability of job training opportunities
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Forms of Title VII Actions
Disparate Treatment Discrimination
Occurs when an employer discriminates against a specific individual because of his or her race, color, national origin, sex, or religion.
Disparate Impact Discrimination
Occurs when an employer discriminates against an entire protected class.
Often, this is proven through statistical data about the employer’s employment practices
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Procedure for Bringing a Title VII Action
Private complainant must file a complaint with the EEOC.
The EEOC is given the opportunity to sue the employer on the complainant’s behalf.
If the EEOC chooses not to bring suit, it will issue a right to sue letter to the complainant.
Complainant now has the right to sue the employer.
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Remedies for Violations of Title VII
A successful plaintiff in a Title VII action can recover back pay and reasonable attorneys’ fees.
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Race, Color, and National Origin Discrimination
Title VII was primarily enacted to prohibit employment discrimination based on race, color, and national origin. Race: refers to broad categories such as Black, Asian,
Caucasian, and Native American Color: refers to the color of a person’s skin National Origin: refers to the country of a person’s
ancestors or cultural characteristics
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Sex Discrimination
Discrimination against a person solely because of his or her gender. Applies equally to men and women. Overwhelming majority of Title VII sex
discrimination cases are brought by women.
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Sexual Harassment
Refusing to hire or promote someone unless he or she has sex with the manager or supervisor is sex discrimination that violates Title VII.
Other forms of conduct, such as lewd remarks, touching, intimidation, posting pinups, and other verbal or physical conduct of a sexual nature, constitute sexual harassment and violate Title VII.
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Sexual Harassment(continued)
Title VII prohibits sexual harassment that causes a hostile work environment.
The circumstances that create a hostile work environment include: Frequency of the discriminatory conduct; its
severity; whether it is physically threatening or humiliating, or a mere offensive utterance; and whether it unreasonably interferes with an employee’s work performance.
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Same-Sex Discrimination
The U.S. Supreme Court has held that same-sex sexual harassment is actionable under Title VII.
State and local laws also prohibit this form of discrimination.
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Religious Discrimination
Title VII prohibits employment discrimination based on a person’s religion or religious practices.
Under Title VII, an employer is under a duty to reasonably accommodate an employee’s religious practices, observances, or beliefs if it does not cause an undue hardship on the employer.
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Defenses to A Title VII Action
MeritMerit
SenioritySeniority
Bona Fide Occupational Bona Fide Occupational Qualification (BFOQ)Qualification (BFOQ)
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Bona Fide Occupational Qualification (BFOQ)
Employment discrimination based on a protected class (other than race or color) is lawful if it is: Job related, and a Business necessity
This exception is narrowly interpreted by the courts.
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Civil Rights Act of 1866
Enacted after the Civil War that says all persons “have the same right to make and enforce contracts as is enjoyed by white persons”; prohibits racial and national origin employment discrimination.
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Equal Pay Act
Protects both sexes from pay discrimination based on sex.
The act prohibits disparity in pay for jobs that require: Equal skill Equal effort Equal responsibility Similar working conditions
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Criteria That Justify a Differential in Wages
The Equal Pay Act expressly provides four criteria that justify a differential in wages: Seniority Merit Quantity or quality of product Any factor other than sex
The employer bears the burden of proving these defenses.
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Age Discrimination in Employment Act
Prohibits age discrimination in all employment decisions, including: Hiring Promotions Payment of compensation Other terms and conditions of employment
The Older Workers Benefit Protection Act (OWBPA) amended ADEA to prohibit age discrimination with regard to employee benefits.
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Age Discrimination in Employment Act (continued)
ADEA applies to employees who are 40 years of age and older.
Covered employers cannot establish mandatory retirement ages for their employees.
ADEA is administered by the EEOC.
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Americans with Disabilities Act
The ADA imposes on employers and providers of public transportation, telecommunications, and public accommodations to accommodate individuals with disabilities.
Title I of the ADA prohibits employment discrimination against qualified individuals with disabilities.
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Title I of the ADATitle I of the ADA requires an requires an employer to makeemployer to make reasonable reasonable accommodationsaccommodations to individuals to individuals with disabilities that do not causewith disabilities that do not cause undue hardshipundue hardship to the employer.to the employer.
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Reasonable Accommodation Under ADA
Reasonable accommodations may include: Making facilities readily accessible Providing part-time or modified work schedules Acquiring equipment or devices Modifying examination and training materials Providing qualified readers or interpreters
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Qualified Individual with a Disability
A person who, with or without reasonable
accommodation, can perform the essential functions of
the job that person desires or holds.
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Qualified Individual with a Disability(continued)
A disabled person is someone who:
1. Has a physical or mental impairment that substantially limits one or more of his or her major life activities,
2. Has a record of such impairment, or
3. Is regarded as having such impairment.
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Forbidden Conduct
Employers are forbidden from asking a job applicant about the existence, nature, and severity of a disability.
Pre-employment medical examinations are forbidden before a job offer.
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Procedure and Remedies
Aggrieved person must first file charge with EEOC EEOC may choose to take action EEOC may permit individual to pursue private
action Relief
Injunction Reinstatement with back pay attorney’s’ fees Compensatory and punitive damages
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Affirmative Action
Policy that provides that certain job preferences will be given to minority or other protected class applicants when an employer makes an employment decision.
Key issues: Reverse discrimination Race norming
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Reverse Discrimination
Title VII protects members of majority class Affirmative action plans may not have pre-established
numbers of quotas Majority class members may sue
May recover damages Other remedies
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State and Local Government Anti-discrimination Laws
Many state and local governments have adopted laws that prevent discrimination in employment. Usually include classes protected by federal equal
opportunity laws Also include classes of persons not protected by
federal laws (e.g., homosexuals)
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International Reach of U.S. Anti-discrimination Laws
Civil Rights Act (1991) expressly protects U.S. citizens employed in a foreign country by U.S.-controlled employers.
Foreign operations not controlled by U.S. employers are not covered.
The law contains an express exception that protects U.S.-controlled employers from conflicting foreign laws.
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Chapter Thirteen – Recap
1. Describe the scope of coverage of the Title VII of the Civil Rights Act of 1964.
2. Identify race, color, and national origin discrimination that violate Title VII.
3. Identify sex discrimination – including sexual harassment – that violates Title VII.
4. Describe the scope of coverage of the Age Discrimination in Employment Act.
5. Describe the protections afforded by the Americans with Disabilities Act.