Title VII of Civil Rights Act of 1964 Employers with 15 + Employees No Discrimination in Terms or Conditions of Employment Based on Race, Color, Sex, Religion.

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Presentation transcript:

Title VII of Civil Rights Act of 1964 Employers with 15 + Employees No Discrimination in Terms or Conditions of Employment Based on Race, Color, Sex, Religion or National Origin Remedies: Reinstatement, Backpay and Benefits, Legal Fees, Compensatory and Punitive Damages (limited - employer size) Defenses: BFOQ, Bona Fide Seniority System

Discrimination under Title VII Disparate Treatment -- Intentional discrimination based on race, color, sex, etc. Disparate Impact -- discriminatory effect of apparently-neutral criteria that are not job related Pattern or Practice -- EEOC or govt. suit for widespread practice Retaliation or Reprisals

Disparate Impact Discrimination and Selection Validity Sec. 703(k) of Title VII of Civil Rights Act of 1964, as amended Disparate Impact -- shown by 4/5th’s Rule or Other Statistical Evidence Concern about labor market definition Job-related Validity -- Uniform Guidelines on Employee Selection

Seniority & Title VII S. 703(h) -- action pursuant to bona fide seniority system not a violation Teamsters -- what is a bona fide seniority system? neutral on its face origin free from discrimination basis rational in light of industry maintained free from discriminatory intent

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