Chapter 12 Employment Discrimination Flashcards
Title VII Civil Rights Act of 1964
Outlaws discrimination based on race, color, religion, sex, and national origin.
Employers under the act: entities with 15 or more employees in an industry affecting interstate commerce.
What acts are covered: illegal for employers to discriminate in hiring, discharging, compensation, or terms, conditions, and privileges of employment.
Sexual Orientation is not covered in federal statute but in some states statutes.
Procedure: File with EEOC
Equal Employment Opportunity Commission, notify them so they can look into your case.
Equal Employment Opportunity Commission (EEOC)
Established by Congress to administer the Act. Civil penalties (not criminal) . Enforced by private complaint and investigation. Resolution of dispute or issuance of “right to sue” letter. You have exhausted your administrative remedies with EEOC, but you can still file lawsuit with remedies of the court.
How to Prove a Claim:
Disparate Treatment or Disparate Impact. (Three Step Process for each of these)
Disparate Treatment: Step 1
Claimant makes out a prima facie case by showing:
1. Claimant is a member of a protected class. 2. Claimant was qualified for and applied for the position in question. 3. Claimant was rejected. 4. Employer continued to consider other applicants or hired someone from outside the protected class.
Also, raises an inference of discrimination (can’t prove it) burden then SHIFTS to the employer to show lack of discriminatory intent.
Disparate Treatment: Step 2
The employer presents evidence that the employment decision was based on legitimate, non-discriminatory reasons.
Disparate Treatment: Step 3
Claimant must then show that employers stated reasons were merely a pretext. Attempt to have discriminatory intent.
Cheschier v. Liberty Mutual Ins. Co.
Women adjusters could not go to law school, however men adjusters could! The Court said: This policy restricted the work rules for women, and relaxed them for men, here was disparate treatment and discrimination!
Disparate Impact: Step 1
Claimant makes out a prima facie case by showing a job requirement that impacts a protected class to a greater degree. Working rule policy is applied to everyone but has impact to eliminate members of a protected class. For example: Height requirements may impact persons of particular ethnic origins, strength or height requirements may disproportionately disqualify women.
Disparate Impact: Step 2
The employer presents evidence that the employment decision was based on job–related business necessity.
Disparate Impact: Step 3
Claimant must then show that employer’s stated reasons were merely a pretext or that a less discriminatory rule would achieve the Employer’s goals.
Ricci vs. DiStefano (Race Discrimination)
Firefighters in New Haven were given promotion exams but never promotions. Firefighters that passed (all white except on hispanic) sued for disparate impact and reverse discrimination. The Court said: Because you looked at the exam but were not able to give promotions you committed disparate impact. You can not refuse to hire/promote people who pass the examination on majority race status.
Sex Discrimination: Harassment (specifically)
In Title VII Civil Rights Act of 1964 under Sex. Harassment comes in two way: 1) Quid Pro Quo and 2) Hostile Work Environment.
Quid Pro Quo
“This for that”. If you want promotion, then you need to engage in a sexual relationship. (Not common)
Hostile Work Enviroment
The workplace is permeated with discriminatory intimidation, ridicule and insult, that is sufficiently severe or pervasive to alter the conditions of the victim’s employment and create an abusive working environment.
