1. Laws Regulating Employment Discrimination Laws Regulating Employment Discrimination Section 21.2

2. Understanding Business and Personal Law Laws Regulating Employment Discrimination Section 21.2 Employment Protection and Equal Opportunity What You’ll Learn How to define discrimination (p. 465) How to identify the objective of the Civil Rights Act (p. 465)

3. Understanding Business and Personal Law Laws Regulating Employment Discrimination Section 21.2 Employment Protection and Equal Opportunity What You’ll Learn How to identify the goal of the Age Discrimination in Employment Act (p.470) How to explain the mission of the Americans with Disabilities Act (p.470)

4. Understanding Business and Personal Law Laws Regulating Employment Discrimination Section 21.2 Employment Protection and Equal Opportunity Why It’s Important You need to know the laws that outlaw employment discrimination to be able to identify instances of discrimination.

5. Understanding Business and Personal Law Laws Regulating Employment Discrimination Section 21.2 Employment Protection and Equal Opportunity Legal Terms discrimination (p. 465) disparate treatment (p. 466) bona fide occupational qualifications (BFOQ) (p.468) disparate impact (p. 468)

6. Understanding Business and Personal Law Laws Regulating Employment Discrimination Section 21.2 Employment Protection and Equal Opportunity Legal Terms business necessity (p. 468) quid pro quo harassment (p. 469) hostile work environment (p. 469) disability (p. 470)

7. Understanding Business and Personal Law Laws Regulating Employment Discrimination Section 21.2 Employment Protection and Equal Opportunity Discrimination The Civil Rights Act of 1964 Civil Rights Act of 1991 Sexual Harassment Pregnancy Discrimination Act Age Discrimination in Employment Act Americans with Disabilities Act Section Outline

8. Understanding Business and Personal Law Laws Regulating Employment Discrimination Section 21.2 Employment Protection and Equal Opportunity Pre-Learning Question How does the government discourage discrimination in employment opportunities?

9. Understanding Business and Personal Law Laws Regulating Employment Discrimination Section 21.2 Employment Protection and Equal Opportunity During the second half of the twentieth century, Congress enacted legislation to discourage employment opportunity discrimination. Discrimination

10. Understanding Business and Personal Law Laws Regulating Employment Discrimination Section 21.2 Employment Protection and Equal Opportunity Discrimination is the unequal treatment of individuals based on sex, age, race, nationality, or religion. Discrimination

11. Understanding Business and Personal Law Laws Regulating Employment Discrimination Section 21.2 Employment Protection and Equal Opportunity Congress enacted the following legislation: Discrimination The Civil Rights Act of 1964 Civil Rights Act of 1991 Pregnancy Discrimination Act

12. Understanding Business and Personal Law Laws Regulating Employment Discrimination Section 21.2 Employment Protection and Equal Opportunity Age Discrimination in Employment Act Americans with Disabilities Act Discrimination

13. Understanding Business and Personal Law Laws Regulating Employment Discrimination Section 21.2 Employment Protection and Equal Opportunity Title VII of the Civil Rights Act of 1964 prohibits discrimination in employment based on race, color, religion, sex, or national origin. These five categories, along with age, are often referred to as protected classes. The Civil Rights Act of 1964

14. Understanding Business and Personal Law Laws Regulating Employment Discrimination Section 21.2 Employment Protection and Equal Opportunity The Equal Employment Opportunity Commission (EEOC) has the power to stop unfair employment practices by seeking a court injunction or by suing the employer for damages. The Civil Rights Act of 1964

15. Understanding Business and Personal Law Laws Regulating Employment Discrimination Section 21.2 Employment Protection and Equal Opportunity Name the six protected classes.

16. Understanding Business and Personal Law Laws Regulating Employment Discrimination Section 21.2 Employment Protection and Equal Opportunity ANSWER Race, color, religion, sex, national origin, and age.

17. Understanding Business and Personal Law Laws Regulating Employment Discrimination Section 21.2 Employment Protection and Equal Opportunity Discrimination can take place through disparate treatment and disparate impact. Disparate Treatment

18. Understanding Business and Personal Law Laws Regulating Employment Discrimination Section 21.2 Employment Protection and Equal Opportunity Under disparate treatment, the employer intentionally discriminates against an individual or a group of individuals belonging to one of the protected classes. Disparate Treatment

19. Understanding Business and Personal Law Laws Regulating Employment Discrimination Section 21.2 Employment Protection and Equal Opportunity Employers have a defense against the charge of disparate treatment, which is bona fide occupational qualification (BFOQ). Disparate Treatment

20. Understanding Business and Personal Law Laws Regulating Employment Discrimination Section 21.2 Employment Protection and Equal Opportunity If the employer can show that the qualification in question is a bona fide (good faith) employment qualification, then the discrimination may be justified. Disparate Treatment

21. Understanding Business and Personal Law Laws Regulating Employment Discrimination Section 21.2 Employment Protection and Equal Opportunity Discrimination can also take place via disparate impact, which is indirect discrimination. Disparate Impact

22. Understanding Business and Personal Law Laws Regulating Employment Discrimination Section 21.2 Employment Protection and Equal Opportunity This occurs when an employer has an employment policy or criteria that appears neutral but has an unfair impact on the members of one or more of the protected classes. Disparate Impact

23. Understanding Business and Personal Law Laws Regulating Employment Discrimination Section 21.2 Employment Protection and Equal Opportunity Employers have a defense against a charge of disparate impact, known as business necessity. Disparate Impact

24. Understanding Business and Personal Law Laws Regulating Employment Discrimination Section 21.2 Employment Protection and Equal Opportunity If the employer can show that qualification is required to perform the job, then it may be permitted despite its disparate impact on a protected class. Disparate Impact

25. Understanding Business and Personal Law Laws Regulating Employment Discrimination Section 21.2 Employment Protection and Equal Opportunity 21.2 Equal Protection in Employment Employers are not permitted to discriminate in hiring practices either directly through disparate treatment or indirectly through disparate impact. The protection granted to employees under the Civil Rights Act includes not only hiring practices but also treatment on the job. Civil Rights Act of 1964

26. Understanding Business and Personal Law Laws Regulating Employment Discrimination Section 21.2 Employment Protection and Equal Opportunity The Civil Rights Act of 1991 was enacted by Congress: Civil Rights Act of 1991 To strengthen the doctrine of disparate impact. To allow plaintiffs to recover not only back pay but also compensatory and punitive damages.

27. Understanding Business and Personal Law Laws Regulating Employment Discrimination Section 21.2 Employment Protection and Equal Opportunity Sexual harassment can occur either through quid pro quo harassment or through the creation of a hostile work environment. Sexual Harassment

28. Understanding Business and Personal Law Laws Regulating Employment Discrimination Section 21.2 Employment Protection and Equal Opportunity Quid pro quo harassment occurs when one worker demands sexual favors from another worker in exchange for some employment- related decision, such as a raise or a promotion. Sexual Harassment

29. Understanding Business and Personal Law Laws Regulating Employment Discrimination Section 21.2 Employment Protection and Equal Opportunity In contrast, the creation of a hostile working environment occurs when a pattern of severe and pervasive sexually demeaning behavior has altered the workplace, making it a distressing, humiliating, or hostile place. Sexual Harassment

30. Understanding Business and Personal Law Laws Regulating Employment Discrimination Section 21.2 Employment Protection and Equal Opportunity To ensure the fair and equal treatment of pregnant women, the Pregnancy Discrimination Act was enacted. Pregnancy Discrimination Act

31. Understanding Business and Personal Law Laws Regulating Employment Discrimination Section 21.2 Employment Protection and Equal Opportunity The law makes it unlawful to discriminate against a woman because of childbirth or physical problems associated with pregnancy or childbirth. Pregnancy Discrimination Act

32. Understanding Business and Personal Law Laws Regulating Employment Discrimination Section 21.2 Employment Protection and Equal Opportunity Robert Cornplanter worked as a short- order cook in a restaurant while attending college. He worked among many women who thought he was very attractive.

33. Understanding Business and Personal Law Laws Regulating Employment Discrimination Section 21.2 Employment Protection and Equal Opportunity At first he felt flattered, but it didn’t take long before he dreaded facing several women who said and did things that made him very uncomfortable. He finally quit just to get away from them.

34. Understanding Business and Personal Law Laws Regulating Employment Discrimination Section 21.2 Employment Protection and Equal Opportunity What kind of sexual harassment did Robert face?

35. Understanding Business and Personal Law Laws Regulating Employment Discrimination Section 21.2 Employment Protection and Equal Opportunity ANSWER Disparate impact.

36. Understanding Business and Personal Law Laws Regulating Employment Discrimination Section 21.2 Employment Protection and Equal Opportunity This act (the ADEA) prohibits employment agencies, employers with 20 or more employees, and labor unions of more than 25 members from discriminating on the basis of age. Age Discrimination in Employment Act

37. Understanding Business and Personal Law Laws Regulating Employment Discrimination Section 21.2 Employment Protection and Equal Opportunity The act forbids discrimination against any person age 40 or older in hiring, firing, promotion, or other aspects of employment. Age Discrimination in Employment Act

38. Understanding Business and Personal Law Laws Regulating Employment Discrimination Section 21.2 Employment Protection and Equal Opportunity Americans with Disabilities Act This act forbids discrimination on the basis of a disability if the disabled individual can do the “essential functions” of a job.

39. Understanding Business and Personal Law Laws Regulating Employment Discrimination Section 21.2 Employment Protection and Equal Opportunity Americans with Disabilities Act The act defines disability as any “physical or mental impairment that substantially limits one or more of the major life activities.”

40. Understanding Business and Personal Law Laws Regulating Employment Discrimination Section 21.2 Employment Protection and Equal Opportunity Reviewing What You Learned 1. 1.What is discrimination? Section 21.2 Assessment

41. Understanding Business and Personal Law Laws Regulating Employment Discrimination Section 21.2 Employment Protection and Equal Opportunity Reviewing What You Learned The unequal treatment of individuals based on sex, age, race, nationality, or religion. Section 21.2 Assessment Answer

42. Understanding Business and Personal Law Laws Regulating Employment Discrimination Section 21.2 Employment Protection and Equal Opportunity Reviewing What You Learned 2. 2.What is the objective of the Civil Rights Act of 1964? Section 21.2 Assessment

43. Understanding Business and Personal Law Laws Regulating Employment Discrimination Section 21.2 Employment Protection and Equal Opportunity Reviewing What You Learned To prohibit discrimination in employment based on race, color, religion, sex, or national origin. Section 21.2 Assessment Answer

44. Understanding Business and Personal Law Laws Regulating Employment Discrimination Section 21.2 Employment Protection and Equal Opportunity Reviewing What You Learned 3. 3.What is the mission of the Americans with Disabilities Act? Section 21.2 Assessment

45. Understanding Business and Personal Law Laws Regulating Employment Discrimination Section 21.2 Employment Protection and Equal Opportunity Reviewing What You Learned The act forbids discrimination on the basis of a disability if the disabled individual can do the “essential functions” of a job. Section 21.2 Assessment Answer

46. Understanding Business and Personal Law Laws Regulating Employment Discrimination Section 21.2 Employment Protection and Equal Opportunity Section 21.2 Assessment Critical Thinking Activity Pregnancy Why did the legislature believe that it was appropriate to pass the Pregnancy Protection Act?

47. Understanding Business and Personal Law Laws Regulating Employment Discrimination Section 21.2 Employment Protection and Equal Opportunity Section 21.2 Assessment Critical Thinking Activity Answer Pregnancy Answers will vary, but should recognize that the purpose of the act is to ensure the fair and equal treatment of pregnant women.

48. Understanding Business and Personal Law Laws Regulating Employment Discrimination Section 21.2 Employment Protection and Equal Opportunity Section 21.2 Assessment Legal Skills in Action Sexual Harassment Your friend, Alison, believes that she has been the victim of sexual harassment.

49. Understanding Business and Personal Law Laws Regulating Employment Discrimination Section 21.2 Employment Protection and Equal Opportunity Section 21.2 Assessment Legal Skills in Action Sexual Harassment She is apprehensive about reporting the harassment to the Human Resources Director at her place of employment, which is a requirement of the company’s anti- harassment policy.

50. Understanding Business and Personal Law Laws Regulating Employment Discrimination Section 21.2 Employment Protection and Equal Opportunity Section 21.2 Assessment Legal Skills in Action Sexual Harassment Write a letter to Alison explaining whether she should file the complaint.

51. Understanding Business and Personal Law Laws Regulating Employment Discrimination Section 21.2 Employment Protection and Equal Opportunity Section 21.2 Assessment Legal Skills in Action Answer Sexual Harassment Letters will vary, but could point out to Alison the importance of following the proper procedures in order to stop the harassment.

52. Laws Regulating Employment Discrimination Laws Regulating Employment Discrimination End of Section 21.2