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Discrimination In Employment
15 Discrimination In Employment
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Timeline Of Employment Discrimination Laws
Civil Rights Act (1866) Executive Order (1941) Executive Order (1943) Equal Pay Act (1963) Civil Rights Act (1964) Age Discrimination In Employment Act (1967) Amended (1991) Equal Employment Opportunity Act (1972) Americans With Disabilities Act (1990)
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Employment Discrimination Suits
Suits Filed By EEOC Source: U.S. Equal Employment Opportunity Commission, “EEOC Litigation Statistics, FY 1992 – FY 2002”
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Breakdown Of EEOC Direct Suits Filed
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Provisions Title VII Civil Rights Act of 1964
Employers With 15+ Employees Eliminate Job Discrimination Race Color Religion Sex National Origin Bona Fide Occupational Qualifications Types Prohibited Discharge Refusal To Hire Compensation Terms, Conditions, Or Privileges
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Enforcement of Title VII Civil Rights Act of 1964
Equal Employment Opportunity Commission Remedies Back Pay/Injunction Compensatory/Punitive Damages Job Reinstatement Charges With 180 Days
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Discrimination Claims (2001)
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Proof Under Title VII Civil Rights Act of 1964
Disparate Treatment- Intentional Disparate Impact Defense- Business Necessity
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Discrimination Based On Race/Color
Recruiting, Hiring, Promotion Employment Conditions/Benefits Permit Racial Insults Maintain All-White/All-Black Crews Better Housing Higher Christmas Bonuses
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Other Discrimination Bases
National Origin- Language Religion- Reasonable Accommodation Sex Sexual Harassment- Hostile Work Environment Pregnancy Discrimination Act Equal Pay Act Sexual Orientation
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Challenged Employment Practices
Testing/Educational Requirements- Disparate Impact Weight/Height Requirements Appearance- Business Necessity Affirmative Action/Reverse Discrimination Seniority Systems
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Other Employment Discrimination Laws
Civil Rights Act (1866)- Bans Racial Discrimination Age Discrimination in Employment Act- Age 40+ Americans With Disabilities Act Pre-employment Medical Exam Reasonable Accommodation Health Insurance & Accountability Act State Antidiscrimination Laws
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Trends In Employment Discrimination/Litigation
Surge In Private Lawsuit Discrimination Based On Genetic Testing Arbitration In Discrimination Disputes Insurance Against Discrimination Claims
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Business Decision: Trouble Quiz
Does The Height, Weight, Age, And Education Policy Discriminate Illegally? How Would You Change The Policy? If Your Customers Prefer Male Drivers, Does Their Preference Mean That The Company Can Hire Only Males As Drivers?
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15 End of Chapter 15
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