Chapter 33 Equal Opportunity in Employment

Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall. Civil Rights Act of 1964 Statutes that outlawed employment discrimination against certain classes Providing equal opportunity in employment Title VII of Civil Rights Act of 1964: Enacted to eliminate job discrimination based on race, color, religion, sex, and national origin 33-2 Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.

Scope of Coverage of Title VII It applies to: Employers with fifteen or more employees All employment agencies Labor unions with fifteen or more members State and local governments and agencies Federal government employment 33-3 Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.

Scope of Coverage of Title VII Prohibits discrimination in hiring, promotion, compensation, dismissal, work rules, etc. Disparate-treatment discrimination: Employer discriminates against a specific individual based on the person’s race, color, religion, sex, or national origin Disparate-impact discrimination: Employer discriminates against an entire protected class 33-4 Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.

Remedies for Violations of Title VII Successful plaintiff can recover: Back pay and reasonable attorneys’ fees Equitable relief, including reinstatement and seniority Punitive damages for intentional discrimination 33-5 Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.

Race, Color, and National Origin Discrimination Race discrimination: based on a person’s race Color discrimination: based on a person’s color National origin discrimination: based on a person’s heritage, cultural characteristics, or country of the person’s ancestors 33-6 Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.

Gender Discrimination Discrimination based on gender Prohibits discrimination where sexual favors are requested to obtain job or promotion Pregnancy Discrimination Act: forbids discrimination due to pregnancy, childbirth, or related medical conditions 33-7 Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.

Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall. Sexual Harassment Lewd remarks, touching, intimidation, posting of indecent materials, and other verbal or physical conduct of a sexual nature Sexual harassment that creates hostile work environment violates Title VII Same-sex harassment also violates Title VII 33-8 Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.

Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall. Sexual Harassment Employer may defend by proving that: He exercised care to prevent and correct any such behavior Plaintiff-employee failed to take advantage of preventive or corrective opportunities provided by employer 33-9 Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.

Religious Discrimination Discrimination based on a person’s religion or religious practices Employer has to reasonably accommodate religious observances, practices, and beliefs of employees Permits religious organizations to employ individuals of a particular religion 33-10 Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.

Defenses to a Title VII Action Employers can select employees based on merit, which includes work, qualification, etc. Employers maintain seniority system that reward long-term employees Bona fide occupational qualification (BFOQ): Discrimination based on protected classes other than race or color is permitted Must be job related and a business necessity 33-11 Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.

Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall. Equal Pay Act Protects both sexes from pay discrimination based on sex Prohibits disparity in pay for jobs that require: Equal skill Equal effort Equal responsibility Similar working conditions 33-12 Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.

Criteria That Justify a Differential in Wages Four criteria that justify a differential in wages: Seniority Merit Quantity or quality of product Any factor other than sex Employer bears the burden of proving these defenses 33-13 Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.

Age Discrimination in Employment Act Prohibits age discrimination practices: Against employees who are 40 years and older In all employment decisions, including hiring, promotions, compensation, etc. With regard to employee benefits Permits age discrimination where BFOQ is shown 33-14 Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.

Americans with Disabilities Act Employers and providers of public transportation, telecommunications, and public accommodations must accommodate individuals with disabilities Qualified individual with a disability: prohibits discrimination against individual who has physical or mental impairment that limits a major life activity, but can perform the functions of the job 33-15 Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.

Americans with Disabilities Act Limits on employer questions: limits employer’s ability to inquire about an applicant’s disabilities Reasonable accommodation for disability: employer is obliged to reasonably accommodate an individual’s disability, if it does not cause undue hardship on employer 33-16 Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.

Americans with Disabilities Act Undue hardship: employers are not obligated to provide accommodations that impose an undue hardship on employer Uncovered conditions: certain conditions of disability, like temporary impairments, and users of illegal drugs and alcohol are not covered by the act 33-17 Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.

Genetic Information Nondiscrimination Act Prohibits discrimination against employees based on genetic information Prohibits use of genetic information in making decisions, including hiring, promoting, providing benefits, etc. Remedies for violation include corrective action and monetary fines 33-18 Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.

Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall. Affirmative Action Affirmative action plan: job preferences given to minority groups and other protected-class applicants when making employment decisions Legal, if narrowly tailored to achieve compelling interest Reverse discrimination: discrimination against a majority group Majority group may sue under Title VII 33-19 Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.

Protection from Retaliation Prohibits employers from retaliating against employee for: Filing a charge of discrimination Participating in a discrimination proceeding Acts of retaliation include dismissing, demoting, harassing, etc. 33-20 Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.

Case 33.2: U.S. Supreme Court Employer Retaliation Thompson v. North American Stainless, LP 131 S.Ct. 863, 178 L.Ed.2d 694, Web 2011 U.S. Lexis 913 (2011) Supreme Court of the United States Issue Does Title VII permit third-party retaliation claims against an employer? 33-21 Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.

Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall. 33-22 Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.