1. Chapter 13 Employment Discrimination Copyright © 2015 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education.

2. 13-2 Employment Discrimination 1)hiring process; 2)treatment of employees in terms of promotions/demotions, work schedules, working conditions, or assignments; 3)disciplinary action such as reprimands, suspension, or termination.

3. 13-3 Protected Classes NOT all discrimination is illegal. Under Title VII or any other antidiscrimination laws, statutory protection is only extended to those who have been discriminated against based on their membership in a protected class.

4. 13-4 Sexual Harassment 1)explicit or implicit conditions of an individual’s employment or as a basis for any employment decisions, or 2)unreasonably interfering with an individual’s work performance or creating an offensive work environment.

5. 13-5 Remedies Remedies include: – injunction (a court order), –reinstatement, –compensatory damages (back pay), –retroactive promotions, –requiring the employer to take certain actions in order to remedy patterns or practices resulting in discrimination.

6. 13-6 Age Discrimination in Employment Act Employers are prohibited from discriminating against employees on the basis of their age once an employee has reached age 40.

7. 13-7 Americans with Disabilities Act The ADA requires that employers with 15 or more employees to make reasonable accommodations for a disabled employee in the workplace… So long as the accommodation does not cause the employer to suffer an undue hardship.

8. 13-8 ADA Amendments Act of 2008 The ADAAA expanded the definition of disability with specific statutory definitions intended to urge courts to interpret the definition of disability. “…favors broad coverage of the individuals under this Act, to the maximum extent permitted by the Act.”

9. 13-9 Reasonable Accommodations The ADA states that reasonable accommodations may include: (1) making existing facilities readily available to individuals with disabilities; (2) job restructuring, part-time or modified work schedules, reassignment to vacant positions, and the provision of readers or interpreters.

10. 13-10 Equal Pay Act Plaintiff must demonstrate: 1)the employer pays different wages to employees of the opposite sex; 2)the employees perform equal work on jobs requiring equal skill; and 3)the jobs are performed under similar working conditions.

11. 13-11 Procedures for Asserting a Claim First, an aggrieved employee must file a complaint against the employer with the local office of the EEOC (generally within 180 days of the adverse job action). The EEOC then notifies the employer and commences a preliminary investigation.

12. 13-12 Procedures for Asserting a Claim If efforts at conciliation fail, the EEOC may choose to file suit against the employer on the employee’s behalf or may decide not to take any action at all. After 180 days have passed from the time of the complaint, the employee may demand that the EEOC issue a right to sue letter. This letter entitles the employee to file a lawsuit in a federal court.

13. 13-13 Employer Defenses Employer can offer either a nondiscriminatory motive for the action, or Assert a legally recognized defense. Each antidiscrimination statute has its own set of defenses.

14. 13-14 Bona Fide Occupation Qualification Employers allowed to employ on the basis of religion, gender, or national origin in certain instances where the classification is a bona fide occupational qualification (BFOQ) that is reasonably necessary. Note that the statute does not allow race to be used as a BFOQ.

15. 13-15 Affirmative Action Federal antidiscrimination statutes do not require employers to give preferential treatment to minority employees. But Supreme Court has upheld the constitutionality of Executive Order 11246 and has allowed affirmative action plans to apply to private employers as a condition to a contract with the federal government.