1. Complaint Process Alleged discriminatory act Internal investigation
Internal resolution process (dictate, mediate, or arbitrate a decision
External resolution process
Complaint filed with EEOC within 180 days
Employer notified within 10 days
Investigation completed within 120 days (currently over 300 days!)
reasonable cause found: attempt to reach agreement with employer; if no agreement, EEOC can file suit
reasonable cause NOT found: right to sue letter issued to employee; employee has 90 days to file suit

2. Major Laws
Title VII of Civil Rights Act of 1964, amended in 1972 and extends 14th Amendment
Equal Pay Act of 1963
Age Discrimination in Employment Act (1976, 1978)
Vocational Rehabilitation Act of 1975, Americans with Disabilities Act of 1990
Pregnancy Discrimination Act of 1992
Vietnam Era Veterans Readjustment Act (1974)

3. Does requirement have adverse impact?
Does requirement directly refer to member of federally protected class?
yes
BFOQ? no
Probably
Illegal no
yes
Has case law, state law, or local law expanded definition of protected class?
yes no no
Probably
Legal
Does requirement have adverse impact?
yes
yes
Probably
Illegal
Is requirement subterfuge for discrimination? no no
Probably
Illegal
Is requirement job related?
yes no
Probably
Illegal
Were alternatives with less adverse impact considered?
yes
Probably
Legal

4. Does Requirement Directly Refer to a Member of a Federally Protected Class?
Sex (Civil Rights Act)
Male
Female
Race (CRA)
African American
Asian American
White
Native American
National origin (CRA)
Color (CRA)
Age (over 40; ADEA)
Religion (CRA)
Disability (ADA)
Current
Previous
Regarded as such
Vietnam veteran
Pregnant female

5. Is the Requirement a Bona Fide Occupational Qualification (BFOQ)?
Only members of a particular class can perform the job
There can be no exceptions
According to the courts:
Race can never be a BFOQ
Religion has been (e.g., Nun, priest)
Gender seldom is
Customer preference doesn’t matter

6. Two Types of Discrimination
Adverse Impact
(or Disparate impact)
Disparate Treatment

7. .33/.40 = .83 > .80 (no adverse impact)
Adverse Impact Occurs when the selection rate for one group is less than 80% of the rate for the highest scoring group
Male Female
Number of applicants
Number hired
Selection ratio
.33/.40 = .83 > .80 (no adverse impact)

8. If There is Adverse Impact...
1. Plaintiff proves there is adverse impact
2. Burden of proof shifts to employer who must prove:
a. Employment practice is job related or
b. Employment practice is exempt from adverse impact or
c. There is no other alternative with less adverse impact

9. Can the Employer Prove that the Requirement is Exempt or Job Related?
Exemptions
Bona fide seniority system
Veteran’s preference rights
National security
Job Related
Types
BFOQ
Valid testing procedure

10. Did Employer Look for Reasonable Alternative with Less Adverse Impact?
A different test measuring the same construct
A different type of test
Changes to testing conditions
Job redesign

11. Harassment Claims
Quid Pro Quo
Hostile Environment

12. Affirmative Action Strategies
Intentional recruitment of minority applicants
Removal of supervisor and employee prejudices
Identification and removal of employment practices that work against minority employees
Preferential hiring and promotion of minorities

13. Reasons for Affirmative Action Plans
Involuntary
Government regulation
Court order
Voluntary
Consent decree
Desire to be a good citizen
community relations
customer relations
hope that diversity will increase productivity

14. Does the plan only benefit actual victims of discrimination?
Was there a history
of discrimination?
Plan is illegal
Yes
Yes
Does the plan only benefit
actual victims of discrimination?
Plan is Legal No
What population was used
to establish goals?
Area
Plan is illegal
Qualified Work Force
Did plan trammel the
rights of nonminorities?
Yes
Plan is illegal No
Is there an ending
point to the plan? No
Plan is illegal
Yes
Plan is Legal

15. Privacy Issues Drug testing Office and locker searches
Psychological tests
Electronic surveillance