Diversity in the Workplace A Legal Perspective

Title VII, Civil Rights Act of 1964 an employer may not treat an employee differently or poorly on the basis of race, national origin, color of skin, religion, age, disability, or sex/gender employers with 15 or more employees, dealing with interstate commerce and subject to federal regulation expanded to include not only employees but also patrons and vendors administered by Equal Employment Opportunity Commission expanded with Age Discrimination and Employment Act of 1967, Vietnam Veterans’ Readjustment Assistance Act of 1974, Pregnancy Discrimination Act of 1978, and with The American Disability Act of 1990. Affirmative Action and Title VII are opposites

The Protected Classes Race-Caucasian, Asian, Black, Pacific Islander, American Indian National Origin-country of birth, ethnicity, ancestry or culture Color of Skin-regardless of color (reverse) Religion-his or her beliefs, requires accommodation Age-age 40 and over Disability Sex-Gender

Disability Vietnam and disabled veterans A physical or mental impairment that substantially limits one or more major life activities ‘Impairment’ is a diagnosable physiological, mental, or psychological disorder or condition ‘Substantially limits’ mean limited more than the average person based on nature, severity, and duration ‘Major life activities’ means walking, breathing, seeing, hearing, learning, sitting, standing, lifting, sleeping, working, and caring for oneself.

Disability Disability Discrimination Reasonable Accommodation Access Has a current disability, has a history, or perceived to be Reasonable Accommodation Not unduly burdensome (not very costly, does not fundamentally alter the business operation, not a direct threat to the safety and health of other employees) Can be equipment, flexible schedules, special construction Access Ramps, door widths, parking, accessible restrooms nad facilities.

Sex/Gender Pregnancy Discrimination Sexual Harrassment Two Types Quid pro quo Hostile work environment Success factors Sexual in nature Either severe or pervasive Unwelcome or unwanted

Advice for Managers Advice for Employees Have Title VII Policies and Procedures Be clear about ‘Legitimate Business Purpose’ Concept Develop Objective Job Critera Never Retaliate Advice for Employees Follow Policies and Procedures Behave Reasonably