Comprehensive Volume, 18 th Edition Chapter 42: Equal Employment Opportunity Law

Civil Rights Act of 1964 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.

Types of Discrimination Intentional discrimination is where there is disparate treatment of individuals because of race, color, religion, gender, or nationality. Disparate impact refers to employment practices that make no reference to race, color, religion, sex, or national origin, but that nevertheless have an adverse effect on the protected group. The fact that an employer did not intend to discriminate is no defense. The employer must show that there is a job-related business necessity for the practice in question.

Theories of Discrimination

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.

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. 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.

Unlawful Discrimination Under Title VII of the Civil Rights Act of 1964 as Amended by the Civil Rights of 1991 Continued on next slide…

Unlawful Discrimination (cont’d) Discriminatory Treatment in Employment Decisions on the Basis of Race Color Religion Sex National Origin Remedy: Reinstatement, hiring, or promotion Back pay less interim earnings Retroactive seniority Attorneys and expert witness fees plus Compensatory* and punitive damages. Damages capped for cases of sex and religious discrimination depending on size of employer: Reinstatement, hiring, or promotion Back pay less interim earnings Retroactive seniority Attorneys and expert witness fees Number of employees 100 or fewer 101 to to 500 Over 500 Damages cap $ 50, , , ,000 No cap on damages for race cases *Compensatory damages include future pecuniary losses and nonpecuniary losses such as emotional pain and suffering.

Other Equal Opportunity 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).

Other Equal Opportunity Laws 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.

Antidiscrimination Laws