1. Chapter 24 Discrimination in Employment
9/19/2018
Chapter 24 Discrimination in Employment
24-1 Legal versus Illegal Discrimination
24-2 Proving Illegal Discrimination
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LAW

2. 24-1 Legal versus Illegal Discrimination
Chapter 24
9/19/2018
24-1 Legal versus Illegal Discrimination
GOALS
Recognize the difference between legal and illegal employment discrimination
List the various statutes governing employment discrimination
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3. WHEN IS DISCRIMINATION ILLEGAL?
Protected classes
Race and color
Gender
Pregnancy
Age
Religion
Disability
National origin
Other
Continued on the next slide
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4. WHEN IS DISCRIMINATION ILLEGAL?
Scope of protection
In all aspects of employment
Governing most employers
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5. Name the characteristics that, under federal law, employers may not consider in any employment-related decision.
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6. LAWS THAT PROHIBIT EMPLOYMENT DISCRIMINATION
Title VII of the Civil Rights Act of 1964
Equal Pay Act of 1963
Age Discrimination in Employment Act of 1967
Americans with Disabilities Act
Pregnancy Discrimination Act
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7. Name the laws discussed in this section that prohibit unjustified discrimination in employment.
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8. 24-2 Proving Illegal Discrimination
GOALS
Discuss how a case based on unequal treatment is proven
Describe how a case based on disparate impact is proven
Recognize the forms of sexual harassment
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9. UNEQUAL TREATMENT CASES
Evidence of unequal treatment
Cases based on direct evidence
Cases based on indirect evidence
Cases based on statistics
Employer’s defenses
Business necessity
Bona fide occupational qualification
Seniority
Pretexts
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10. What are the three main bases for unequal treatment cases?
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11. DISPARATE IMPACT CASES
By statistical proof
Employer’s defenses
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12. What does disparate impact mean?
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13. SEXUAL HARASSMENT CASES
Quid pro quo
Hostile environment
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14. What are the two forms of sexual harassment?
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15. PREVENT LEGAL DIFFICULTIES
As an employee . . .
Approach every job in a professional manner. Seek to be judged solely on the basis of your potential or actual job performance.
Do not create an environment hostile to any protected class.
If you suspect that you are being discriminated against because of your membership in a protected class, contact the Equal Employment Opportunity Commission (EEOC).
Continued on the next slide
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16. PREVENT LEGAL DIFFICULTIES
As an employer . . .
Do not ask questions on job applications that require the disclosure of race, religion, sex, national origin, handicap, or pregnancy status or intention.
Do not ask questions in job interviews about marital status, maternity plans, child care, birth control practices, number of children, or other related factors.
Train supervisors to avoid any activity that could be taken as sexual harassment and to respond effectively to complaints about like conduct by subordinates.
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