E2, Ch 13: Employee Discrimination Flashcards
Title VII of the Civil Rights Act…
identifies protected group and prohibits discrimination in hiring and all aspects of employment
what are the 5 protected groups of the 1964 Title VII, and the 2 additional groups added in the 1990s
- race
- color
- religion
- sex
- national origin
- age
- disability
what govt agency was created to enforce/advise on VII?
Equal Opportunity Commission, EEOC
from an ethical standpoint, employers should never make decisions based on hiring, compensation, etc.
however, this is inconsistent with…
employment-at-will
Age Discrimination in Employment Act
protects workers 40+ years old
Americans with Disabilities Act
prohibits discrimination against qualified disabled persons and must provide reasonable accommodations
Civil Rights Act of 1991
in cases of intentional discrimination, one can sue for punitive and compensatory damages. Burden of proof for discrimination cases falls to the employer
equal pay act of 1963
prohibits discrimination on pay based on sex where men and women perform equal work in the same establishment
ledbetter v goodyear tire
Lily Ledbetter was paid less than her male counterparts for equal work but did not discover it for several years; SCOTUS ruled she should have filed suit within 180 days – statute of limitation – of her first paycheck
Lily Ledbetter Fair Pay Act
changed the law – suit may be brought each time there is discrimination (the 180 days resets every paycheck)
pregnancy discrimination
employers must treat pregnancy and pregnancy-related medical conditions the same way as other medical disabilities; no specific maternity leave required
fetal protection policies
companies barred women of childbearing age from sites in which they, or fetuses may be exposed to harm.
SCOTUS ruled this constitutes discrimination based on sex
controlled pay gap
the pay gap between men and women for the same job and qualifications
(is about 99 cents on the dollar – almost nothing)
uncontrolled pay gap
the gap between median salary for all men and women regardless of job type, seniority, etc.
(is wider – 82 cents on the dollar)
disparate/unequal treatment
intentionally using race, color, etc. as a basis for treating people differently
disparate/adverse impact
an employer’s practice results in fewer members of a protected group from being included; need not be intentional
⅘ rule
if a member of a minority group does not have a success rate of at least 80% of that majority group, the practice may be considered to have an adverse impact
ex. 80% of women who apply can complete X job → no adverse impact
a person charging for discrimination must show…
disparate treatment OR disparate impact
defending discrimination based on business necessity
justify the practice; arguing that such practices are essential for the safe and efficient operation of the business
bona fide occupational qualification
legal exception allowing employers to make hiring decisions based on characteristics like age/sex/religion/etc. IF those characteristics are essential to the job’s performance
ex. commercial airline pilots have a mandatory retiring age of 65
sexual harassment can include (4)
- unwelcome sexual advances
- requests for sexual favors
- other verbal or physical harassment of a sexual nature
- **need not include an economic loss
LBJ’s Affirmative Action Executive Order
requires federal contractors to take affirmative action to promote equal opportunity for women and minorities
Trumps Executive Order regarding Affirmative Action
ended illegal discrimination, restoring merit-based opportunity
revokes LBJs order
Office of _______ ________ _______ ______, under the Dept. of Labor, monitored LBJ’s Aff. Action
Federal Contract Compliance Program
the history of DEI reflects a journey from ____ _______ to embracing _______ and __________ as strategic imperatives that enrich organizational culture and performance
legal compliance
diversity
multiculturalism
with DEI, _____ _____ and _______ emerged.
during the 2010s, DEI expanded to include _____.
diversity training and programs
equity
equity
expansion of DEI focusing on systemic inequities affecting opportunities for different groups
