1. Chapter 19 Equal Opportunity in Employment

2. Copyright © 2010 Pearson Education, Inc. Publishing as Prentice Hall.19-2 Title VII of the Civil Rights Act Intended to eliminate job discrimination based on the following protected classes: Race Color National origin Sex Religion Administered by the Equal Employment Opportunity Commission (EEOC)

3. Copyright © 2010 Pearson Education, Inc. Publishing as Prentice Hall.19-3 Scope of Title VII Applies to: Employers with 15 or more employees Employment agencies Labor unions with 15 or more members State and local governments Most federal government employment Prohibits discrimination in any “term, condition, or privilege” of employment.

4. Copyright © 2010 Pearson Education, Inc. Publishing as Prentice Hall.19-4 Forms of Title VII Actions Disparate treatment Occurs when an employer treats a specific individual less favorably than others because of his or her membership in a protected class. Disparate impact discrimination Occurs when employer discriminates against an entire protected class, with a “neutral” work rule, for example.

5. Copyright © 2010 Pearson Education, Inc. Publishing as Prentice Hall.19-5 Bringing a Title VII Action Complaint must first be filed with the EEOC. Remedies available: Back pay and attorney’s fees Equitable remedies such as reinstatement, seniority, injunctions

6. Copyright © 2010 Pearson Education, Inc. Publishing as Prentice Hall.19-6 Race, Color, and National Origin Discrimination Title VII was primarily enacted to prohibit employment discrimination based on race, color and national origin Race- based on categories such as African American, Asian, Caucasian and Native American Color-based on color of person’s skin National Origin –based on country of person’s ancestors, culture or heritage.

7. Copyright © 2010 Pearson Education, Inc. Publishing as Prentice Hall.19-7 Sex Discrimination and Sexual Harassment The Pregnancy Discrimination Act amended Title VII to prohibit discrimination because of pregnancy or childbirth. Sexual harassment, including creating a hostile work environment, violates Title VII. Same-sex discrimination or harassment may also be prohibited by Title VII.

8. Copyright © 2010 Pearson Education, Inc. Publishing as Prentice Hall.19-8 Religious Discrimination Title VII requires an employer to reasonably accommodate an employee’s religious practice if it does not cause an undue hardship on the employer. Religious organizations may give employment preference to members of that religion.

9. Copyright © 2010 Pearson Education, Inc. Publishing as Prentice Hall.19-9 Defenses to a Title VII Action Merit – employers can select or promote employees based on merit. Seniority Bona fide occupational qualification (BFOQ) Job related Business necessity

10. Copyright © 2010 Pearson Education, Inc. Publishing as Prentice Hall.19-10 Civil Rights Act of 1866, Section 1981 All persons shall have “the same right… to make and enforce contracts… as is enjoyed by white persons.” A complainant may elect to bring a Sec. 1981 action instead of Title VII because: There are no Title VII procedural requirements. There is no cap on compensatory or punitive damages.

11. Copyright © 2010 Pearson Education, Inc. Publishing as Prentice Hall.19-11 Equal Pay Act of 1963 Prohibits pay discrimination based on sex. Factors used to determine pay disparity: Equal skill Equal effort Equal responsibility Similar working conditions Justifications for differential wages: Seniority Merit Quantity or quality of product “Any factor other than sex”

12. Copyright © 2010 Pearson Education, Inc. Publishing as Prentice Hall.19-12 Age Discrimination in Employment Act (ADEA) Prohibits discrimination against employees who are 40 years of age or older. Older Workers Benefit Protection Act prohibits age discrimination in employee benefits.

13. Copyright © 2010 Pearson Education, Inc. Publishing as Prentice Hall.19-13 Americans With Disabilities Act (ADA) Title I of the ADA prohibits employment discrimination against qualified persons with disabilities. Title I requires employers to make reasonable accommodations that do not cause undue hardship to the employer. A qualified individual is one who, with or without accommodation, can performs the essential functions of the job.

14. Copyright © 2010 Pearson Education, Inc. Publishing as Prentice Hall.19-14 Affirmative Action Employers may adopt an affirmative action plan to provide certain job preferences for minorities, females, other protected class applicants. Plan must be narrowly tailored to achieve a compelling interest. Reverse discrimination – Title VII also protects members of majority classes.

15. Copyright © 2010 Pearson Education, Inc. Publishing as Prentice Hall.19-15 State and Local Government Antidiscrimination Laws Many state and local governments have enacted antidiscrimination laws. These laws may include classes protected by federal laws and persons not protected by federal laws.

16. Copyright © 2010 Pearson Education, Inc. Publishing as Prentice Hall.19-16