chapter 19 equal opportunity in employment. copyright © 2010 pearson education, inc. publishing as...

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Chapter 19

Equal Opportunity in Employment

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Title VII of the Civil Rights Act

Intended to eliminate job discrimination based on the following protected classes:

Race Color National origin Sex Religion

Administered by the Equal Employment Opportunity Commission (EEOC)

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Scope of Title VII Applies to:

Employers with 15 or more employees Employment agencies Labor unions with 15 or more members State and local governments Most federal government employment

Prohibits discrimination in any “term, condition, or privilege” of employment.

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Forms of Title VII Actions Disparate treatment

Occurs when an employer treats a specific individual less favorably than others because of his or her membership in a protected class.

Disparate impact discrimination Occurs when employer discriminates

against an entire protected class, with a “neutral” work rule, for example.

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Bringing a Title VII Action Complaint must first be filed with the

EEOC. Remedies available:

Back pay and attorney’s fees Equitable remedies such as

reinstatement, seniority, injunctions

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Race, Color, and National Origin Discrimination Title VII was primarily enacted to

prohibit employment discrimination based on race, color and national origin Race- based on categories such as African

American, Asian, Caucasian and Native American

Color-based on color of person’s skin National Origin –based on country of

person’s ancestors, culture or heritage.

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Sex Discrimination and Sexual Harassment

The Pregnancy Discrimination Act amended Title VII to prohibit discrimination because of pregnancy or childbirth.

Sexual harassment, including creating a hostile work environment, violates Title VII.

Same-sex discrimination or harassment may also be prohibited by Title VII.

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Religious Discrimination Title VII requires an

employer to reasonably accommodate an employee’s religious practice if it does not cause an undue hardship on the employer.

Religious organizations may give employment preference to members of that religion.

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Defenses to a Title VII Action

Merit – employers can select or promote employees based on merit.

Seniority Bona fide occupational qualification

(BFOQ) Job related Business necessity

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Civil Rights Act of 1866,Section 1981

All persons shall have “the same right… to make and enforce contracts… as is enjoyed by white persons.”

A complainant may elect to bring a Sec. 1981 action instead of Title VII because: There are no Title VII procedural

requirements. There is no cap on compensatory or punitive

damages.

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Equal Pay Act of 1963 Prohibits pay discrimination based on sex. Factors used to determine pay disparity:

Equal skill Equal effort Equal responsibility Similar working conditions

Justifications for differential wages: Seniority Merit Quantity or quality of product “Any factor other than sex”

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Age Discrimination in Employment Act (ADEA)

Prohibits discrimination against employees who are 40 years of age or older.

Older Workers Benefit Protection Act prohibits age discrimination in employee benefits.

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Americans With Disabilities Act (ADA)

Title I of the ADA prohibits employment discrimination against qualified persons with disabilities.

Title I requires employers to make reasonable accommodations that do not cause undue hardship to the employer.

A qualified individual is one who, with or without accommodation, can performs the essential functions of the job.

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Affirmative Action Employers may adopt an affirmative

action plan to provide certain job preferences for minorities, females, other protected class applicants.

Plan must be narrowly tailored to achieve a compelling interest.

Reverse discrimination – Title VII also protects members of majority classes.

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State and Local GovernmentAntidiscrimination Laws

Many state and local governments have enacted antidiscrimination laws.

These laws may include classes protected by federal laws and persons not protected by federal laws.

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