1. Law for Business and Personal Use © South-Western, a part of Cengage LearningSlide 1 Chapter 24 Discrimination in Employment Chapter 24 Discrimination in Employment 24-1 24-1Legal versus Illegal Discrimination 24-2 24-2Proving Illegal Discrimination

2. Law for Business and Personal Use © South-Western, a part of Cengage LearningSlide 2 Chapter 24 24-1 24-1Legal versus Illegal Discrimination GOALS Recognize the difference between legal and illegal employment discrimination List the various statutes governing employment discrimination

3. Law for Business and Personal Use © South-Western, a part of Cengage Learning Equal Opportunity in Employment

4. Law for Business and Personal Use © South-Western, a part of Cengage Learning Equal Opportunity in Employment The right of all employees and job applicants: 1. To be treated without discrimination, and 2. To be able to sue employers if they are discriminated against.

5. Law for Business and Personal Use © South-Western, a part of Cengage LearningSlide 5 Chapter 24 WHEN IS DISCRIMINATION ILLEGAL? Protected classes Race, color, Nation of Origin Gender Pregnancy Age Religion Disability Sexual Preference Continued on the next slide

6. Law for Business and Personal Use © South-Western, a part of Cengage Learning Equal Employment Opportunity Commission (EEOC) The federal administrative agency responsible for enforcing most federal anti-discrimination laws. The EEOC is empowered to: Conduct investigations Interpret the statutes Encourage conciliation between employees and employers Bring suit to enforce the law

7. Law for Business and Personal Use © South-Western, a part of Cengage LearningSlide 7 Chapter 24 WHEN IS DISCRIMINATION ILLEGAL? Scope of protection In all aspects of employment Governing most employers

8. Law for Business and Personal Use © South-Western, a part of Cengage LearningSlide 8 Chapter 24 Name the characteristics that, under federal law, employers may not consider in any employment-related decision.

9. Law for Business and Personal Use © South-Western, a part of Cengage LearningSlide 9 Chapter 24 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

10. Law for Business and Personal Use © South-Western, a part of Cengage Learning Title VII of the Civil Rights Act of 1964 Intended to eliminate job discrimination based on five protected classes: Race Color Religion Sex National Origin

11. Law for Business and Personal Use © South-Western, a part of Cengage Learning Scope of Coverage of Title VII Title VII applies to: Employers with 15 or more employees All employment agencies Labor unions with 15 or more members State and local governments and their agencies Most federal government employment

12. Law for Business and Personal Use © South-Western, a part of Cengage Learning Scope of Coverage of Title VII (continued) Title VII applies to any term, condition, or privilege of employment including, but not limited to: Hiring and firing Work rules Promotion and demotion Payment of compensation and benefits Availability of job training opportunities

13. Law for Business and Personal Use © South-Western, a part of Cengage Learning Forms of Title VII Actions Disparate Treatment Discrimination Occurs when an employer discriminates against a specific individual because of his or her race, color, national origin, sex, or religion. Disparate Impact Discrimination Occurs when an employer discriminates against an entire protected class. Often, this is proven through statistical data about the employer’s employment practices

14. Law for Business and Personal Use © South-Western, a part of Cengage Learning Procedure for Bringing a Title VII Action Private complainant must file a complaint with the EEOC. The EEOC is given the opportunity to sue the employer on the complainant’s behalf. If the EEOC chooses not to bring suit, it will issue a right to sue letter to the complainant. Complainant now has the right to sue the employer.

15. Law for Business and Personal Use © South-Western, a part of Cengage Learning Remedies for Violations of Title VII A successful plaintiff in a Title VII action can recover back pay and reasonable attorneys’ fees.

16. Law for Business and Personal Use © South-Western, a part of Cengage Learning Race, Color, and National Origin Discrimination Title VII was primarily enacted to prohibit employment discrimination based on race, color, and national origin. Race: refers to broad categories such as Black, Asian, Caucasian, and Native American Color: refers to the color of a person’s skin National Origin: refers to the country of a person’s ancestors or cultural characteristics

17. Law for Business and Personal Use © South-Western, a part of Cengage Learning Sex (Gender) Discrimination Discrimination against a person solely because of his or her gender. Applies equally to men and women. Overwhelming majority of Title VII sex discrimination cases are brought by women.

18. Law for Business and Personal Use © South-Western, a part of Cengage LearningSlide 18 Chapter 24 SEXUAL HARASSMENT CASES Quid pro quo Hostile environment

19. Law for Business and Personal Use © South-Western, a part of Cengage Learning Sexual Harassment Refusing to hire or promote someone unless he or she has sex with the manager or supervisor is sex discrimination that violates Title VII. Other forms of conduct, such as lewd remarks, touching, intimidation, posting pinups, and other verbal or physical conduct of a sexual nature, constitute sexual harassment and violate Title VII.

20. Law for Business and Personal Use © South-Western, a part of Cengage Learning Sexual Harassment (continued) Title VII prohibits sexual harassment that causes a hostile work environment. The circumstances that create a hostile work environment include: Frequency of the discriminatory conduct; its severity; whether it is physically threatening or humiliating, or a mere offensive utterance; and whether it unreasonably interferes with an employee’s work performance.

21. Law for Business and Personal Use © South-Western, a part of Cengage LearningSlide 21 Chapter 24 What are the two forms of sexual harassment?

22. Law for Business and Personal Use © South-Western, a part of Cengage Learning Same-Sex Discrimination The U.S. Supreme Court has held that same-sex sexual harassment is actionable under Title VII. State and local laws also prohibit this form of discrimination.

23. Law for Business and Personal Use © South-Western, a part of Cengage Learning Religious Discrimination Title VII prohibits employment discrimination based on a person’s religion or religious practices. Under Title VII, an employer is under a duty to reasonably accommodate an employee’s religious practices, observances, or beliefs if it does not cause an undue hardship on the employer.

24. Law for Business and Personal Use © South-Western, a part of Cengage LearningSlide 24 Chapter 24 24-2 24-2Proving 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

25. Law for Business and Personal Use © South-Western, a part of Cengage LearningSlide 25 Chapter 24 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

26. Law for Business and Personal Use © South-Western, a part of Cengage Learning © 2007 Prentice Hall, Business Law, sixth edition, Henry R. Cheeseman Defenses to A Title VII Action Merit Seniority Bona Fide Occupational Qualification (BFOQ)

27. Law for Business and Personal Use © South-Western, a part of Cengage Learning Bona Fide Occupational Qualification (BFOQ) Employment discrimination based on a protected class (other than race or color) is lawful if it is: Job related, and a Business necessity This exception is narrowly interpreted by the courts.

28. Law for Business and Personal Use © South-Western, a part of Cengage Learning Civil Rights Act of 1866 Enacted after the Civil War that says all persons “have the same right to make and enforce contracts as is enjoyed by white persons”; prohibits racial and national origin employment discrimination.

29. Law for Business and Personal Use © South-Western, a part of Cengage Learning Equal Pay Act Protects both sexes from pay discrimination based on sex. The act prohibits disparity in pay for jobs that require: Equal skill Equal effort Equal responsibility Similar working conditions

30. Law for Business and Personal Use © South-Western, a part of Cengage Learning Criteria That Justify a Differential in Wages The Equal Pay Act expressly provides four criteria that justify a differential in wages: Seniority Merit Quantity or quality of product Any factor other than sex The employer bears the burden of proving these defenses.

31. Law for Business and Personal Use © South-Western, a part of Cengage Learning Age Discrimination in Employment Act Prohibits age discrimination in all employment decisions, including: Hiring Promotions Payment of compensation Other terms and conditions of employment The Older Workers Benefit Protection Act (OWBPA) amended ADEA to prohibit age discrimination with regard to employee benefits.

32. Law for Business and Personal Use © South-Western, a part of Cengage Learning Age Discrimination in Employment Act (continued) ADEA applies to employees who are 40 years of age and older. Covered employers cannot establish mandatory retirement ages for their employees. ADEA is administered by the EEOC.

33. Law for Business and Personal Use © South-Western, a part of Cengage Learning Americans with Disabilities Act The ADA imposes on employers and providers of public transportation, telecommunications, and public accommodations to accommodate individuals with disabilities. Title I of the ADA prohibits employment discrimination against qualified individuals with disabilities.

34. Law for Business and Personal Use © South-Western, a part of Cengage Learning Title I of the ADA requires an employer to make reasonable accommodations to individuals with disabilities that do not cause undue hardship to the employer.

35. Law for Business and Personal Use © South-Western, a part of Cengage Learning Reasonable Accommodation Under ADA Reasonable accommodations may include: Making facilities readily accessible Providing part-time or modified work schedules Acquiring equipment or devices Modifying examination and training materials Providing qualified readers or interpreters

36. Law for Business and Personal Use © South-Western, a part of Cengage Learning Qualified Individual with a Disability A person who, with or without reasonable accommodation, can perform the essential functions of the job that person desires or holds.

37. Law for Business and Personal Use © South-Western, a part of Cengage Learning Qualified Individual with a Disability (continued) A disabled person is someone who: 1. Has a physical or mental impairment that substantially limits one or more of his or her major life activities, 2. Has a record of such impairment, or 3. Is regarded as having such impairment.

38. Law for Business and Personal Use © South-Western, a part of Cengage Learning Forbidden Conduct Employers are forbidden from asking a job applicant about the existence, nature, and severity of a disability. Pre-employment medical examinations are forbidden before a job offer.

39. Law for Business and Personal Use © South-Western, a part of Cengage Learning Procedure and Remedies Aggrieved person must first file charge with EEOC EEOC may choose to take action EEOC may permit individual to pursue private action Relief Injunction Reinstatement with back pay attorney’s’ fees Compensatory and punitive damages

40. Law for Business and Personal Use © South-Western, a part of Cengage Learning Affirmative Action Policy that provides that certain job preferences will be given to minority or other protected class applicants when an employer makes an employment decision. Key issues: Reverse discrimination Race norming

41. Law for Business and Personal Use © South-Western, a part of Cengage Learning Reverse Discrimination Title VII protects members of majority class Affirmative action plans may not have preestablished numbers of quotas Majority class members may sue May recover damages Other remedies

42. Law for Business and Personal Use © South-Western, a part of Cengage Learning State and Local Government Anti- discrimination Laws Many state and local governments have adopted laws that prevent discrimination in employment. Usually include classes protected by federal equal opportunity laws Also include classes of persons not protected by federal laws (e.g., homosexuals)

43. Law for Business and Personal Use © South-Western, a part of Cengage Learning International Reach of U.S. Anti- discrimination Laws Civil Rights Act (1991) expressly protects U.S. citizens employed in a foreign country by U.S.- controlled employers. Foreign operations not controlled by U.S. employers are not covered. The law contains an express exception that protects U.S.-controlled employers from conflicting foreign laws.

44. Law for Business and Personal Use © South-Western, a part of Cengage LearningSlide 44 Chapter 24 DISPARATE IMPACT CASES By statistical proof Employer’s defenses

45. Law for Business and Personal Use © South-Western, a part of Cengage LearningSlide 45 Chapter 24 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

46. Law for Business and Personal Use © South-Western, a part of Cengage LearningSlide 46 Chapter 24 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.