Chapter 16- Employment Discrimination Flashcards
Equal Pay Act of 1963
Illegal to pay men and women different wages when the job is the same .
Title 7 of the 1964 Civil Rights Act
Cornerstone of the federal employee discrimination law. This prohibits discrimination and retaliation based on race, color, religion, sex and national origin
-Applies to employers of 15 or more persons
Protected classes under Title 7
Race, Color, National Origin, Religion and Sex
-Some states also may add to this to include sexual orientation, height or weight,
Race-Based Discrimination
Within the work-place, job criteria must be applied to members of all races
Is reverse discrimination illegal ?
Yes, you cant give members of a protected class preferential treatment over others,
*unless minorities are underrepresented in a job category it is legal for the employer to seek more minorities or women to increase participation .
Religion
- Includes all aspects of religion observances and practice
- Employers are required to provide reasonable accommodation for employees religions practices
- They may, however discriminate if the accommodation imposes undue hardship
ex) EEOC vs Abercrombie
Two major categories of Sexual Harassment
Quid pro quo- this for that
hostile environment- abusive work environment created by words or acts relating to a persons sex
Title 7 and same-sex harassment?
Title 7 prohibits same sex harassments because it can fall under a scope of horseplay and other subject matters
What is the ADEA?
The Age Discrimination Act prohibits discrimination in employment against persons on the basis of age for people over 40
Disability Discrimination
The ADA act of 1990 protects persons with disabilities in employment. They must make reasonable accommodations for persons with disabilities and expected to incur modest expenses (a few grand)
ADA Applies to ?
Employers with 15 or more employees
