Chapter 40 EQUAL EMPLOYMENT OPPORTUNITY LAW

Title VII 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.

Disparate Treatment Exists where employer treats some individuals less favorably than others because of their race, color, religion, sex or national origin. Proof of the employer’s discriminatory motive is essential.

Disparate Impact Employment practices that make no reference to race, color, religion, sex, or national origin, but have an adverse effect on the protected group. The employer must show that there is a job-related business necessity for the practice in question. Lack of intent is not a defense.

Theories of Discrimination Chatper 42 2

Title VII Violations 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. Pollard v E. I. Dupont de Nemours & Co. (2001) Is “front pay” subject to a cap on damages?

Title VII Violations 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 hinder the interests of whites.

Protected Classes and Exceptions Race and Color. Religion. Sex. Sexual Harassment (employer’s may be vicariously liable for supervisors). Quid Pro Quo cases. Hostile Work Environment. Non-supervisors. National Origin. Lack of English Language.

Defenses Employers have several defenses they may raise in a Title VII case to explain differences in employment conditions. (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.

Affirmative Action and Reverse Discrimination Employers may have permissible Affirmation Action Plans: Plan is remedial in nature, voluntary and temporary. Reverse Discrimination. AAP may discriminate against non-minorities.

Other EEO Laws 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).

ADA The Americans with Disabilities Act (ADA) prohibit 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.

Review: Antidiscrimination Laws Chatper 42 1