1. Diversity in the Workplace
A Legal Perspective

2. Title VII, Civil Rights Act of 1964
an employer may not treat an employee differently or poorly on the basis of race, national origin, color of skin, religion, age, disability, or sex/gender
employers with 15 or more employees, dealing with interstate commerce and subject to federal regulation
expanded to include not only employees but also patrons and vendors
administered by Equal Employment Opportunity Commission
expanded with Age Discrimination and Employment Act of 1967, Vietnam Veterans’ Readjustment Assistance Act of 1974, Pregnancy Discrimination Act of 1978, and with The American Disability Act of 1990.
Affirmative Action and Title VII are opposites

3. The Protected Classes
Race-Caucasian, Asian, Black, Pacific Islander, American Indian
National Origin-country of birth, ethnicity, ancestry or culture
Color of Skin-regardless of color (reverse)
Religion-his or her beliefs, requires accommodation
Age-age 40 and over
Disability
Sex-Gender

4. Disability Vietnam and disabled veterans
A physical or mental impairment that substantially limits one or more major life activities
‘Impairment’ is a diagnosable physiological, mental, or psychological disorder or condition
‘Substantially limits’ mean limited more than the average person based on nature, severity, and duration
‘Major life activities’ means walking, breathing, seeing, hearing, learning, sitting, standing, lifting, sleeping, working, and caring for oneself.

5. Disability Disability Discrimination Reasonable Accommodation Access
Has a current disability, has a history, or perceived to be
Reasonable Accommodation
Not unduly burdensome (not very costly, does not fundamentally alter the business operation, not a direct threat to the safety and health of other employees)
Can be equipment, flexible schedules, special construction
Access
Ramps, door widths, parking, accessible restrooms nad facilities.

6. Sex/Gender Pregnancy Discrimination Sexual Harrassment Two Types
Quid pro quo
Hostile work environment
Success factors
Sexual in nature
Either severe or pervasive
Unwelcome or unwanted

7. Advice for Managers Advice for Employees
Have Title VII Policies and Procedures
Be clear about ‘Legitimate Business Purpose’ Concept
Develop Objective Job Critera
Never Retaliate
Advice for Employees
Follow Policies and Procedures
Behave Reasonably