employee rights and discrimination chapter 12. copyright © 2007 thomson delmar learning objectives...

Employee Rights and Discrimination

Chapter 12

Copyright © 2007 Thomson Delmar Learning

Objectives

• Identify major employment discrimination laws impacting the fire service.

• Explain the difference between disparate treatment and disparate impact.


• Explain equal opportunity employment and affirmative action.

• Identify three standards of review that courts apply to governmental actions that are challenged as being discriminatory.

Objectives


Constitutional Rights

• Rights secured in the constitution, including:– Right to free speech– Freedom of the press– Freedom of religion– Due process– Equal protection


• Constitutional rights also called civil rights

• Constitution does not explain how these rights are to be protected

Constitutional Rights


Civil Rights Laws

• Civil Rights Act of 1866



• Americans with Disabilities Act

• Equal Pay Act of 1963


• Pregnancy Discrimination Act

• Age Discrimination in Employment

• Religious Freedom Restoration Act

• State law anti-discrimination acts

Civil Rights Laws


Discrimination

• Treating someone differently based on prohibited classification– Race– National origin– Sex– Religion – Disability – Age


Proof of Discrimination

• Disparate treatment – Person is treated differently because of a prohibited

classification

• Disparate impact– Employment decisions that may appear to be

nondiscriminatory but discriminate based on statistical analysis


Standard of Review

• Courts review laws and governmental actions differently based on type of discrimination– Strict scrutiny– Intermediate level of review– Rational basis


Strict Scrutiny

• Governmental action or law must be “narrowly tailored to address a compelling governmental interest”

• Applies to– Racial classifications– Fundamental constitutional rights


Intermediate Level of Review

• Governmental action or law must be “substantially related to important governmental objectives”

• Applies to– Gender-based classifications


Rational Basis

• Governmental action or law must be “rationally related to a legitimate governmental interest”

• Applies to all other classifications


Procedural Issues

• Equal Opportunity Employment Commission (EEOC) or state counterpart

• Administrative requirement– Right-to-sue letter

• Statute of limitations for filing Title VII claims


Employment Discrimination

• Equal employment opportunity

• Affirmative action– Policies go beyond equal employment opportunities

and seek to increase the representation of minorities and women


Equal Opportunity

• Right of a person to compete for a job and/or be promoted on the basis of his or her knowledge, skills, and abilities, free from unlawful discrimination


Affirmative Action

• Positive steps taken to increase the presence of minorities and women in the workforce and in education


Americans with Disabilities Act of 1990 (ADA)

• Expanded upon the Rehabilitation Act of 1973

• Applies to all businesses with 15 or more employees and all state and local government agencies


Americans with Disabilities Act

• Key definitions:– Individual with a disability– Major life activities– Qualified person with a disability– Reasonable accommodation – Essential function– Undue hardship


• Prohibited inquiries and examinations

• Drug and alcohol use

• Physical abilities testing– Job task analysis

• Medical requirements

Americans with Disabilities Act


State Law Disability Acts

• Many states as well as some municipalities have anti-discrimination laws that protect against disability discrimination

• May provide greater protection than ADA


Age Discrimination

• Age Discrimination in Employment Act (ADEA )

• Prohibits employment discrimination against those over 40 years of age

• Amended several times by Congress


• Special rule: – Mandatory retirement age for police and firefighters– Minch v. Chicago (2004)

Age Discrimination


Summary

• Civil rights laws

• Discrimination

• Standard of review

• Americans with Disabilities Act

• Age Discrimination in Employment Act

employee rights and discrimination chapter 12. copyright © 2007 thomson delmar learning objectives...

Documents

employee rights

governmental actions

equal employment opportunities

civil rightsconstitution

standards of review

free speechfreedom

presence of minorities

representation of minorities