Chapter 24 Discrimination in Employment 9/19/2018 Chapter 24 Discrimination in Employment 24-1 Legal versus Illegal Discrimination 24-2 Proving Illegal Discrimination Chapter 24 LAW

24-1 Legal versus Illegal Discrimination Chapter 24 9/19/2018 24-1 Legal versus Illegal Discrimination GOALS Recognize the difference between legal and illegal employment discrimination List the various statutes governing employment discrimination Chapter 24 LAW

WHEN IS DISCRIMINATION ILLEGAL? Protected classes Race and color Gender Pregnancy Age Religion Disability National origin Other Continued on the next slide Chapter 24

WHEN IS DISCRIMINATION ILLEGAL? Scope of protection In all aspects of employment Governing most employers Chapter 24

Name the characteristics that, under federal law, employers may not consider in any employment-related decision. Chapter 24

LAWS THAT PROHIBIT EMPLOYMENT DISCRIMINATION Title VII of the Civil Rights Act of 1964 Equal Pay Act of 1963 Age Discrimination in Employment Act of 1967 Americans with Disabilities Act Pregnancy Discrimination Act Chapter 24

Name the laws discussed in this section that prohibit unjustified discrimination in employment. Chapter 24

24-2 Proving Illegal Discrimination GOALS Discuss how a case based on unequal treatment is proven Describe how a case based on disparate impact is proven Recognize the forms of sexual harassment Chapter 24

UNEQUAL TREATMENT CASES Evidence of unequal treatment Cases based on direct evidence Cases based on indirect evidence Cases based on statistics Employer’s defenses Business necessity Bona fide occupational qualification Seniority Pretexts Chapter 24

What are the three main bases for unequal treatment cases? Chapter 24

DISPARATE IMPACT CASES By statistical proof Employer’s defenses Chapter 24

What does disparate impact mean? Chapter 24

SEXUAL HARASSMENT CASES Quid pro quo Hostile environment Chapter 24

What are the two forms of sexual harassment? Chapter 24

PREVENT LEGAL DIFFICULTIES As an employee . . . Approach every job in a professional manner. Seek to be judged solely on the basis of your potential or actual job performance. Do not create an environment hostile to any protected class. If you suspect that you are being discriminated against because of your membership in a protected class, contact the Equal Employment Opportunity Commission (EEOC). Continued on the next slide Chapter 24

PREVENT LEGAL DIFFICULTIES As an employer . . . Do not ask questions on job applications that require the disclosure of race, religion, sex, national origin, handicap, or pregnancy status or intention. Do not ask questions in job interviews about marital status, maternity plans, child care, birth control practices, number of children, or other related factors. Train supervisors to avoid any activity that could be taken as sexual harassment and to respond effectively to complaints about like conduct by subordinates. Chapter 24