1 Equal Employment Opportunity and Discrimination in Employment

2 Title VII--Civil Rights Act of 1964 History Basic coverage Prohibits discrimination based on: race, color, sex, national origin, or religion Covers employers with 15 or more employees Enforcement of Title VII What is EEOC? IHRC? Enforcement procedures

3 Discrimination Under Title VII Not all discrimination is illegal Sexual orientation; weight; others Bona fide occupational qualification (BFOQ) Disparate Treatment What is it? Disparate Impact What is it? “Business necessity” rule

4 Proving the case Proving disparate impact Compare “protected class” employees with workforce percentage Is test job-related? Burdens of Proof Initial burden (prima facie) upon plaintiff then burden on defendant (justification) plaintiff may then show “pretext”

5 Other discrimination issues Mixed motives Retaliation not permitted Morris v. Oldham County case Race-norming Seniority and Title VII Last hired may be first laid off Is the plan “bona fide”?

6 Affirmative Action To address effects of past discrimination Title VII does not require Affirm. Action Supreme Court cases: Adarand case==Supreme Court ordered “strict scrutiny” of set aside programs; must show past discrimination Weber case allowed voluntary program in private sector for spots in training program if nonminority not “severely disadvantaged” (don’t lose jobs) Federal contractors must prepare AA plan Some courts may order AA as remedy for proven violations of discrimination laws

7 Sex discrimination Stereotyping; sex-plus discrimination Sex-based pay differentials Title VII Equal Pay Act Wide coverage “equal pay for equal work” Types of remedies

8 Other gender based issues Pregnancy Discrimination what is the law? Treat pregnancy same as other disability Sexual Harassment “Quid pro quo” “Hostile Environment” When is an employer liable? Vicarious liability? Faragher case Hill v. American General Finance case

9 Religion and National Origin Religious discrimination Some BFOQs are allowed “Reasonable accommodation” required Balint v. Carson City case National Origin discrimination Types of discrimination prohibited? Title VII Remedies Reinstatement; back pay; “front pay”; compensatory and perhaps punitive damages; sometimes attorney fees

10 Age Discrimination Applies to workers age 40 and older Covers all aspects of employment Look at actions taken by the employer, not just what employer says

11 Discrimination against those with disabilities Americans with Disabilities Act (ADA) Protects “qualified workers with a disability” Sutton case Requires reasonable accommodation by employer, unless that causes undue hardship Or if worker is regarded as disabled Or is worker causes threat to others or to self Echazabal case

12 Family and Medical Leave FMLA of 1993 Employee must have worked 12 months and at least 1250 hours at this place Employee can take up to 12 months of unpaid leave for Birth or adoption of child Care of child, parent, or spouse For “serious health condition” Employee must be restored to “same or equivalent position” upon return