Employment Discrimination Flashcards
civil rights act of 1964, title 7
eliminates job discrimination based on: race color, religion, sex or national origin
discrimination is prohibited in
recruiting/hiring: includes failure to or improperly referring by employment agencies. employers can affirmatively hire on discriminatory basis
- compensation
- terms conditions or privileges of employment (promotion). ex. better bonuses for whites, allowing racial insults, etc
- discharge: can’t fire people because of different race
- retaliation also prohibited in response to complaints made under the act
discrimination based on religion, sex, or national origin
(not race or color) is permitted if bona fide occupational qualification (bfoq): if I run a catholic church it’s okay to only hire catholic
enforced by equal employment opportunity commission (EEOC)
- EEOC can file suit on behalf of employee claiming violation
- must exhaust efforts to settle claim first
- remedies include reinstatement with back pay and injuctions
- does not preempt state fair employment laws; EEOC must wait 60 days after state has started investigating before proceeding
private actions
individuals must first file charges with EEOC within 180 days after notice of the unlawful practice (or with state agency and then EEOC)
- plaintiff must prove either disparate treatment (employer intentionally discriminated)- defense: bfoq
- or plaintiff can prove disparate impact
disparate impact
a. employers practices/policies have a disparate impact on a protected group- statistically show it has adverse impacts
b. defense: must prove practice/policy is job related and based on business necessity
c. plaintiff can overcome defense by showing another practice would serve the same purpose without discriminatory effects- age of home allegation
other private retaliations
- plaintiff can also claim retaliation (taking adverse employment action, eg, firing transferring)
- showing a statistically imbalanced workforce is not enough in itself to establish discrimination
- plaintiffs can get up to 300,000 in compensatory (including pain/suffering) and punitive damages (back pay)
a. Punitives: for “malice or with reckless or callous indifference to the federally protected rights of others”
b. punitives are only for intentional discrimination
religious discrimination
religious organizations can discriminate on basis of religion but not on other bases (female)
2. non religious employers cannot discriminate on basis of religion and must make reasonable accomodations unless would cause undue hardship
sex discrimination
statutes passed to protect women are illegal (law prohibiting employing women for given period after childbirth)
gender could be bfoq, but must have factual basis, narrowly interpreted
example: telephone company could not prove that most women could not safely perform heavy lifting required for position
not promoting women to overseas positions because foreign clients were reluctant to deal with them
sexual harassment
quid pro quo actions (benefits/threats for sexual behaviors) and hostile work environment create discriminatory condition of employment
a. hostile work environment includes offensive comments, touching, visual displays etc. if reasonable perceived as hostile and abusive, regardless of economic or other injury
b. defense: employer showed reasonable care to prevent and promptly correct harassing behavior; plaintiff did not take advantage or corrective plan
pregnancy discrimination
no discriminating against women who become pregnant or give birth
a. if have health plan, must cover pregnancy and related conditions like other conditions
b. employer cannot force pregnant woman to stop working before birth if she is capable of doing work, or keep her from returning to work after birth
c. insurance does not need to cover for abortion unless mother’s life is endangered, and she must still receive benefits available to other employees (sick leave)
d. cannot discriminate against women or men (must give benefits to male employee’s wives)
equal pay act
under both EPA and title 7, employers cannot discriminate on basis of sex in paying wages for equal (not identical) work
a. work is equal if performed under similar conditions and requires similar skill, effort and responsibility
b. discrimination based on non-sex reasons is okay (seniority)
c. unequal pay is also evidence of intentional sex discrimination even if work is not substantially equal
Lilly ledbetter and goodyear
worked for goodyear for 20 years, discovered that her pay had been as much as 40% less than her male counterparts during the entire period. she filed a charge with the EEOC and brought suit for back pay over the entire 20 years. jury awarded her compensatory and punitive damages. Divided supreme court held that her case was barred by the statute of limitations, holding that the discrimination occured with the first paycheck, not the most recent. congress passed the lilly ledbetter fair pay act, which would allow a claim for back pay if claim is filed within 180 days of any discriminatory paycheck, regardless of date of initial violation
sexual orientation discrimination
not prohibited by title 7
a. legislation is pending to amend title 7 to include sexual orientation
b. prohibited by numerous states and municipal laws
employment practices subject to challenge
- questionnaires, interviews, testing and educational requirements: make sure all questions and requirements are job related and necessary for the business
a. consider disparate impact of questions/requirements
b. race norming (setting different cut off test scores for different protected groups is prohibited - height and weight requirements: must be related to job performance
- appearance requirements: mixed rulings from courts- disney no facial hair
