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Published byNigel Charles Modified over 9 years ago
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Title VII of Civil Rights Act of 1964 Employers with 15 + Employees No Discrimination in Terms or Conditions of Employment Based on Race, Color, Sex, Religion or National Origin Remedies: Reinstatement, Backpay and Benefits, Legal Fees, Compensatory and Punitive Damages (limited - employer size) Defenses: BFOQ, Bona Fide Seniority System
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Discrimination under Title VII Disparate Treatment -- Intentional discrimination based on race, color, sex, etc. Disparate Impact -- discriminatory effect of apparently-neutral criteria that are not job related Pattern or Practice -- EEOC or govt. suit for widespread practice Retaliation or Reprisals
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Disparate Impact Discrimination and Selection Validity Sec. 703(k) of Title VII of Civil Rights Act of 1964, as amended Disparate Impact -- shown by 4/5th’s Rule or Other Statistical Evidence Concern about labor market definition Job-related Validity -- Uniform Guidelines on Employee Selection
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Seniority & Title VII S. 703(h) -- action pursuant to bona fide seniority system not a violation Teamsters -- what is a bona fide seniority system? neutral on its face origin free from discrimination basis rational in light of industry maintained free from discriminatory intent
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