Chapter 41 Equal Employment Opportunity Law Twomey, Business Law and the Regulatory Environment (14th Ed.)

(c) 2000 West Legal Studies Chapter 412 Antidiscrimination Laws [41-1]

(c) 2000 West Legal Studies Chapter 413 Forms or Theories of Unlawful Discrimination [41-2]

(c) 2000 West Legal Studies Chapter 414 Unlawful Discrimination under Title VII of the Civil Rights Act of 1964 (as Amended by the Civil Rights Act of 1991) Discriminatory Treatment in Employment Decisions on the Basis of Race Color Religion SexNational Origin Non-neutral practice or Non-neutral application Racially neutral practice and Neutral application Requires proof of discriminatory intent Does not require proof of discriminatory intent Requires proof of adverse effect on protected group and Employer is unable to show that the challenged practice is job related for the position in question and is consistent with business necessity Either party has a right to require a jury trial when seeking compensatory or punitive damages No right to a jury trial

(c) 2000 West Legal Studies Chapter 415 Unlawful Discrimination under Title VII of the Civil Rights Act of 1964 (cont’d)

(c) 2000 West Legal Studies Chapter 416 Chapter 41 Summary Title VII of the Civil Rights Act of 1964, as amended, forbids discrimination on the basis of race, color, religion, sex, or national origin. The EEOC administers the act. Intentional discrimination is unlawful where there is disparate treatment of individuals because of their race, color, religion, gender, or national origin.

(c) 2000 West Legal Studies Chapter 417 Also, employment practices that make no reference to race, color, religion, sex, or national origin, but that nevertheless have an adverse or disparate impact on the protected group, are unlawful. In disparate impact cases, the fact that an employer did not intend to discriminate is no defense. The employer must show that there is a job-related business necessity for the disparate impact practice in question. Chapter 41 Summary [2]

(c) 2000 West Legal Studies Chapter 418 Employers have several defenses they may raise in a Title VII case to explain differences in employment conditions. They are (1) bona fide occupational qualifications reasonably necessary to the normal operation of the business, (2) job- related professionally developed ability tests, and (3) bona fide seniority systems. Chapter 41 Summary [3]

(c) 2000 West Legal Studies Chapter 419 If a state EEO agency or the EEOC is not able to resolve the case, the EEOC issues a right-to- sue letter that enables the person claiming a Title VII violation to sue in a federal district court. An affirmative action plan is legal under Title VII provided there is a voluntary “plan” justified as a remedial measure and provided it does not unnecessarily trammel the interests of whites. Chapter 41 Summary [4]

(c) 2000 West Legal Studies Chapter 4110 Under the Equal Pay Act (EPA), employers must not pay employees of one gender a lower wage rate than the rate paid to employees of the other gender for substantially equal work. Workers over 40 years old are protected from discrimination by the Age Discrimination in Employment Act (ADEA). Chapter 41 Summary [5]

(c) 2000 West Legal Studies Chapter 4111 The Americans with Disabilities Act (ADA) prohibits employment discrimination against persons with disabilities. Under the ADA, employers must make reasonable accommodations without undue hardship on them to enable individuals with disabilities to work. Chapter 41 Summary [6]