Chapter 33 Equal Opportunity in Employment

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 Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall. 33-2

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 Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall. 33-3

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 Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall. 33-4

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 Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall. 33-5

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 Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall. 33-6

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 Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall. 33-7

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 Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall. 33-8

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 Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall. 33-9

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

Case 33.2: U.S. Supreme Court Employer Retaliation  Case  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? Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall

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