Chapter 15: Equal Opportunity in Employment Flashcards
Civil Rights Act 1964 Title VII (Fair Employment Practices Act)
Under common law, employers could discriminate on any non-job related criteria.
CRA 1964 created the Equal Employment Opportunity Commission
Civil Rights Act Scope of Coverage
Covers employers with 15 or more employees
a. Undocumented aliens are protected
b. Native American tribes and tax-exempt private clubs are not covered.
Disparate treatment
intentional discrimination of a specific individual in a protected Title VII class is treated differently than other because of that person’s race, color
disparate impact
neutral employment practice has an adverse effect on an entire protected title VII class
Sexual Harassment – Quid pro quo
Employee’s pay, hours, and other terms of employment depend on whether the employee submits to unsolicited verbal or physical sexual conduct
Sexual Harassment - Hostile environment
Employee is subjected to unwanted sexual innuendoes, vulgarity.
Merit
Employers can select/promote employees based on merit, such as work or educational experience or professionally developed ability tests
Bona fide seniority systems
Lawful if not based on intentional discrimination
BFOQ
good faith job related & business necessity are elements for the business to win on this kind of different treatment
Americans with Disabilities Act of 1990
Employers are required to make reasonable accommodation to facilitate employment of disabled people without causing the firm an undue burden