Employment Relationships and Discrimination 2 Dr. Pamela Gershuny

Title VII of the Civil Rights Act of 1964 No discrimination in hiring, firing, terms or conditions of employment on the basis of No discrimination in hiring, firing, terms or conditions of employment on the basis of Race, color, religion, national origin, gender Race, color, religion, national origin, gender Similar statutes: ADA, PDA, ADEA Similar statutes: ADA, PDA, ADEA >15 Ee’s >15 Ee’s Go to a private attorney specializing in this area, not the EEOC Go to a private attorney specializing in this area, not the EEOC State law parallels State law parallels

Sexual Harassment Quid pro quo Quid pro quo Hostile environment Hostile environment Alters the conditions of the victim’s employment and creates an abusive working environment Alters the conditions of the victim’s employment and creates an abusive working environment Supervisors Supervisors Even though the R is not aware, it is liable Even though the R is not aware, it is liable Put policies and training in place Put policies and training in place Coworkers Coworkers

Defenses Business necessity Business necessity Literacy test? Literacy test? BFOQ BFOQ Gender, religion, age, but never race Gender, religion, age, but never race Jewish saleswoman in the Middle East territory Jewish saleswoman in the Middle East territory Seniority systems Seniority systems After-acquired evidence After-acquired evidence

Affirmative Action The Problem The Problem 245 years of slavery 245 years of slavery 200 years of legalized race and gender discrimination 200 years of legalized race and gender discrimination Just ended in 1964 in the employment arena Just ended in 1964 in the employment arena Only ended in 1991 for women Only ended in 1991 for women Programs mandated by executive order in 1965 Programs mandated by executive order in 1965 Goal: Make up for past discrimination Goal: Make up for past discrimination

Affirmative Action Handout on Myths Handout on Myths Women earn 76 cents for every male dollar Women earn 76 cents for every male dollar Unemployment: Black people have twice the unemployment rate of Whites Unemployment: Black people have twice the unemployment rate of Whites Blacks have twice the infant mortality Blacks have twice the infant mortality Half of the people who attend 4 year colleges Half of the people who attend 4 year colleges 1.3 unemployed Black civilians/112 million employed white civilians = 1% 1.3 unemployed Black civilians/112 million employed white civilians = 1%

Challenges to Affirmative Action Bakke- reverse discrimination Favorable weight can be given to minority applicants to create a diverse student body Bakke- reverse discrimination Favorable weight can be given to minority applicants to create a diverse student body Adarand- cannot use quota, can attempt to remedy past or current discrimination Adarand- cannot use quota, can attempt to remedy past or current discrimination State governments end affirmative action State governments end affirmative action