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Employment Discrimination
Chapter 29
HOT DEBATE – PAGE 432
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Unjustified Discrimination1. A male employer hires only women because he thinks they are better employees2. A female employer hires only women because she thinks women are usually discriminated against3. An employer hires only women who are past the child bearing age4. An employer hires people under age 40Which are examples of discrimination?
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Unjustified DiscriminationDiscrimination is different treatment of individuals.
Race, color, gender, national origin, or religion
Justified Discrimination: permitted and even encouraged. Favorable treatment of employee because fairly judged as dependable, skilled, creative smart, hard worker. May earn more $$ and job opportunitiesWhat’s Your Verdict? Page 433
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Unjustified Discrimination
Unjustified Discrimination: identifies group characteristics that may not be considered when making employment decisions.
These people are labeled as Protected Classes (usually minorities)
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Protected ClassesRace and Color: (all who are not white)
Gender: (males/females)
Pregnancy (childbearing conditions)
Age: (over the age 40)
Religion: (this includes any religion)
Disability: (physically and mentally)http://www.hulu.com/watch/213121/what-would-you-do-deaf-to-job-discrimination
National Origin: (country)What’s Your Verdict? – page 434
https://www.youtube.com/watch?v=VPXRnSIgQgI
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Unjustified Discrimination
It is illegal to discriminate in any “term, condition, or privilege of employment”
Pay, promotions, training, overtime, educational opportunities, travel requirements, firings, layoffs, etc.
Employers with 15 or more employees, engaged in interstate commerce, are subject to federal law.
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Workplace Discrimination (continued)
Review Part 1Page 435 #1-9, explain your answers for #6-9
Must be employed to be employed
A Class Divided
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Caveat emptor
• Let the Seller beware
• Let the Buyer beware
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Greatly exaggerated sales talk
• Bait and switch
• Disclaimer
• Puffing
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Lawsuit made possible by the procedural joining of similarly situated plaintiffs
• Lottery
• Consent order
• Class action
• Restitution
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Obligation implicitly imposed on all sellers
• Implied warranty
• Full warranty
• Express warranty
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Explicit assurance of quality or performance by seller
• Implied warranty
• Full warranty
• Express warranty
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Voluntary, court enforceable agreement to stop an illegal practice
• Privity of contract
• Consent order
• Disclaimer
• encumbrances
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Claims of third parties against the goods
• Privity of contract
• Consent order
• Disclaimer
• Encumbrances
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How Can Unequal Treatment be Proved?
Unequal Treatment (Disparate treatment): employers treat members of a protected class less favorable than others.
To be unequal, it must be intentional
Direct Evidence: must prove intentionalCompany Policy, Advertisement, Flyers
• No Irish
• No Jews need apply
• Women not accepted
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How Can Unequal Treatment be Proved?
Indirect Evidence: denies intention to discriminate
Employee must show:• 1. They are member of a protected class• 2. Applied for job and was qualified• 3. They were rejected• 4. Employer held job open and sought other persons
with similar qualifications
What’s Your Verdict? Page 436
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How Can Unequal Treatment be Proved?
Employer’s Defense to Discrimination:Business Necessity: employer’s actions were meant to advance the business rather than discriminate
• Defense is that employee’s skills or work history was reason for not hiring (job-relatedness)
In This Case, Page 437
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How Can Unequal Treatment be Proved?
Employer’s Defense to Discrimination:Bona Fide Occupational Qualification (BFOQ)
• A job requirement that compels discrimination against a protected class
Hired Actors to play parts in a stage show. (Males/Females for certain roles)
• To be Bona Fide, the discrimination must be essential to the business
Female Flight Attendants…not necessary
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How Can Unequal Treatment be Proved?
Employer’s Defenses to Discrimination:Seniority
• Rewards employees based on length of employment rather than merit and not intended to discriminate.
Unions may pay based on seniority, or lay employees off
Pretexts• A cover for discrimination
Hiring a male over female because job entails travel and female has 3 children, making it hard for her to travel. Female must prove males were hired with children.
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What is Disparate Impact?
WHAT’S YOUR VERDICT? PAGE 438
Policy eliminates more members of protected classes than members of the majority
To win a suit, employee need not prove discrimination BUT identify a specific employment practice and show statistically that the practice excludes a protected class.
Businesses may use the defense of business necessity, bona fide occupational qualification, or seniority
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Statistical Proof of Disparate Impact
Employee must prove fewer members qualified for job when challenging employment practice used
1. Applicant pool: those qualified for job
2. Workforce pool: persons in the workforce
In This Case – page 438
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Sexual Harassment
What’s Your Verdict?Page 439
• Is the company liable for sexual harassment?
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Sexual HarassmentTakes two forms:
Quid Pro Quo: • Means one thing is exchanged for another
Ex: boss threatens to fire employee unless sexual favors are done
Hostile Environment• Unwelcome sexual comments, gestures, or contact interfere
with an employee’s ability to work
Back to What’s your verdict?Shayla’s boss knew about the harassment – therefore the trucking firm would be held liable
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Legislation Prohibiting Discrimination
Civil Rights Act of 1964Equal Employment Opportunity Commission
• (EEOC) – has the authority to investigate complaints of job discrimination and prosecute
Affirmative Action Plan• If an employer has discriminated, the courts may
mandate Plan must list positive steps aimed at offsetting past
discrimination
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Five Acts
Civil Rights Act of 1964
Equal Pay Act of 1963Wage discrimination
Age Discrimination Act of 1967
Americans with Disabilities Act of 1990
Pregnancy Discrimination Act
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Enrichment ActivityDiscrimination casesResearch Job Discrimination CaseComic Strip