Discrimination In Employment

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Presentation transcript:

Discrimination In Employment 15 Discrimination In Employment

Timeline Of Employment Discrimination Laws Civil Rights Act (1866) Executive Order (1941) Executive Order (1943) Equal Pay Act (1963) Civil Rights Act (1964) Age Discrimination In Employment Act (1967) Amended (1991) Equal Employment Opportunity Act (1972) Americans With Disabilities Act (1990)

Employment Discrimination Suits Suits Filed By EEOC Source: U.S. Equal Employment Opportunity Commission, “EEOC Litigation Statistics, FY 1992 – FY 2002”

Breakdown Of EEOC Direct Suits Filed

Provisions Title VII Civil Rights Act of 1964 Employers With 15+ Employees Eliminate Job Discrimination Race Color Religion Sex National Origin Bona Fide Occupational Qualifications Types Prohibited Discharge Refusal To Hire Compensation Terms, Conditions, Or Privileges

Enforcement of Title VII Civil Rights Act of 1964 Equal Employment Opportunity Commission Remedies Back Pay/Injunction Compensatory/Punitive Damages Job Reinstatement Charges With 180 Days

Discrimination Claims (2001)

Proof Under Title VII Civil Rights Act of 1964 Disparate Treatment- Intentional Disparate Impact Defense- Business Necessity

Discrimination Based On Race/Color Recruiting, Hiring, Promotion Employment Conditions/Benefits Permit Racial Insults Maintain All-White/All-Black Crews Better Housing Higher Christmas Bonuses

Other Discrimination Bases National Origin- Language Religion- Reasonable Accommodation Sex Sexual Harassment- Hostile Work Environment Pregnancy Discrimination Act Equal Pay Act Sexual Orientation

Challenged Employment Practices Testing/Educational Requirements- Disparate Impact Weight/Height Requirements Appearance- Business Necessity Affirmative Action/Reverse Discrimination Seniority Systems

Other Employment Discrimination Laws Civil Rights Act (1866)- Bans Racial Discrimination Age Discrimination in Employment Act- Age 40+ Americans With Disabilities Act Pre-employment Medical Exam Reasonable Accommodation Health Insurance & Accountability Act State Antidiscrimination Laws

Trends In Employment Discrimination/Litigation Surge In Private Lawsuit Discrimination Based On Genetic Testing Arbitration In Discrimination Disputes Insurance Against Discrimination Claims

Business Decision: Trouble Quiz Does The Height, Weight, Age, And Education Policy Discriminate Illegally? How Would You Change The Policy? If Your Customers Prefer Male Drivers, Does Their Preference Mean That The Company Can Hire Only Males As Drivers?

15 End of Chapter 15