Employment Discrimination

©SHRM Disparate Treatment Disparate treatment is discrimination that occurs when an employer treats some employees less favorably because of their race, color, religion, sex or national origin.

©SHRM Civil Rights Act of 1866 Oldest federal legislation that affects staffing. Based on 13 th Amendment. Gives all citizens same property rights and contracts “enjoyed by white citizens”. No statute of limitations.

©SHRM Equal Pay Act of 1963 Equal pay for men and women who do “substantially the same work”. Permits pay distinctions when based on the following: > Unequal responsibility. > Different working conditions. > Seniority differences. > Merit pay system. > Quantity and quality of production.

©SHRM Title VII of the Civil Rights Act Prohibits employment discrimination based on: > Race, Color, Sex, Religion, National Origin Established the Equal Employment Opportunity Commission (EEOC). Applies to employers with 15 or more employees.

©SHRM Exceptions to Title VII Business necessity. Bona fide occupational qualification (BFOQ). Seniority.

©SHRM Age Discrimination in Employment Act Makes it illegal to discriminate against workers 40 years old and older. With limited exceptions, there is no upper age ceiling. Applies to employers with 20 or more employees.

©SHRM Pregnancy Discrimination Act Amendment to Title VII of the Civil Rights Act. Illegal to discriminate based on pregnancy, childbirth or related medical conditions. Employer must treat pregnancy the same as any other temporary disability.

©SHRM Rehabilitation Act of 1973 Prohibits discrimination based on physical or mental disabilities. Applies to federal government and federal contractors with grants in excess of $2,500.

©SHRM Americans with Disabilities Act Prohibits discrimination against qualified individuals with disabilities. Requires reasonable accommodation unless the accommodation creates a business hardship. Applies to organizations with 15 or more employees.

©SHRM Americans with Disabilities Act Defines “an individual with a disability” as a person who: > Has, or is regarded as having, a physical or mental impairment that substantially limits one or more major life activities, and; > Has a record of such an impairment, or; > Is regarded as having such an impairment. Does not cover correctable physical limitations.

©SHRM Americans with Disabilities Act A job function may be considered essential if: > The reason the job exists is to perform the function. > There are a limited number of other employees available to perform the function. > The function is highly specialized and requires specific expertise or ability.