Equal Opportunity in Employment

Chapter Thirteen

Business Organizations for ParalegalsReed and Cheeseman

Chapter Thirteen – Objectives

1. Describe the scope of coverage of the Title VII of the Civil Rights Act of 1964.

2. Identify race, color, and national origin discrimination that violate Title VII.

3. Identify sex discrimination – including sexual harassment – that violates Title VII.

4. Describe the scope of coverage of the Age Discrimination in Employment Act.

5. Describe the protections afforded by the Americans with Disabilities Act.

Equal Opportunity in Employment

The right of all employees and job applicants:

1. To be treated without discrimination, and

2. To be able to sue employers if they are

discriminated against.

Equal Employment Opportunity Commission (EEOC)

The federal administrative agency responsible for enforcing most federal anti-discrimination laws.

The EEOC is empowered to: Conduct investigations Interpret the statutes Encourage conciliation between employees and

employers Bring suit to enforce the law

Title VII of the Civil Rights Act of 1964

Intended to eliminate job discrimination based on five protected classes: Race Color Religion Sex National Origin

Scope of Coverage of Title VII

Title VII applies to: Employers with 15 or more employees All employment agencies Labor unions with 15 or more members State and local governments and their agencies Most federal government employment

Scope of Coverage of Title VII (continued)

Title VII applies to any term, condition, or privilege of employment including, but not limited to: Hiring and firing Work rules Promotion and demotion Payment of compensation and benefits Availability of job training opportunities

Forms of Title VII Actions

Disparate Treatment Discrimination

Occurs when an employer discriminates against a specific individual because of his or her race, color, national origin, sex, or religion.

Disparate Impact Discrimination

Occurs when an employer discriminates against an entire protected class.

Often, this is proven through statistical data about the employer’s employment practices

Procedure for Bringing a Title VII Action

Private complainant must file a complaint with the EEOC.

The EEOC is given the opportunity to sue the employer on the complainant’s behalf.

If the EEOC chooses not to bring suit, it will issue a right to sue letter to the complainant.

Complainant now has the right to sue the employer.

Remedies for Violations of Title VII

A successful plaintiff in a Title VII action can recover back pay and reasonable attorneys’ fees.

Race, Color, and National Origin Discrimination

Title VII was primarily enacted to prohibit employment discrimination based on race, color, and national origin. Race: refers to broad categories such as Black, Asian,

Caucasian, and Native American Color: refers to the color of a person’s skin National Origin: refers to the country of a person’s

ancestors or cultural characteristics

Sex Discrimination

Discrimination against a person solely because of his or her gender. Applies equally to men and women. Overwhelming majority of Title VII sex

discrimination cases are brought by women.

Sexual Harassment

Refusing to hire or promote someone unless he or she has sex with the manager or supervisor is sex discrimination that violates Title VII.

Other forms of conduct, such as lewd remarks, touching, intimidation, posting pinups, and other verbal or physical conduct of a sexual nature, constitute sexual harassment and violate Title VII.

Sexual Harassment(continued)

Title VII prohibits sexual harassment that causes a hostile work environment.

The circumstances that create a hostile work environment include: Frequency of the discriminatory conduct; its

severity; whether it is physically threatening or humiliating, or a mere offensive utterance; and whether it unreasonably interferes with an employee’s work performance.

Same-Sex Discrimination

The U.S. Supreme Court has held that same-sex sexual harassment is actionable under Title VII.

State and local laws also prohibit this form of discrimination.

Religious Discrimination

Title VII prohibits employment discrimination based on a person’s religion or religious practices.

Under Title VII, an employer is under a duty to reasonably accommodate an employee’s religious practices, observances, or beliefs if it does not cause an undue hardship on the employer.

Defenses to A Title VII Action

MeritMerit

SenioritySeniority

Bona Fide Occupational Bona Fide Occupational Qualification (BFOQ)Qualification (BFOQ)

Bona Fide Occupational Qualification (BFOQ)

Employment discrimination based on a protected class (other than race or color) is lawful if it is: Job related, and a Business necessity

This exception is narrowly interpreted by the courts.

Civil Rights Act of 1866

Enacted after the Civil War that says all persons “have the same right to make and enforce contracts as is enjoyed by white persons”; prohibits racial and national origin employment discrimination.

Equal Pay Act

Protects both sexes from pay discrimination based on sex.

The act prohibits disparity in pay for jobs that require: Equal skill Equal effort Equal responsibility Similar working conditions

Criteria That Justify a Differential in Wages

The Equal Pay Act expressly provides four criteria that justify a differential in wages: Seniority Merit Quantity or quality of product Any factor other than sex

The employer bears the burden of proving these defenses.

Age Discrimination in Employment Act

Prohibits age discrimination in all employment decisions, including: Hiring Promotions Payment of compensation Other terms and conditions of employment

The Older Workers Benefit Protection Act (OWBPA) amended ADEA to prohibit age discrimination with regard to employee benefits.

Age Discrimination in Employment Act (continued)

ADEA applies to employees who are 40 years of age and older.

Covered employers cannot establish mandatory retirement ages for their employees.

ADEA is administered by the EEOC.

Americans with Disabilities Act

The ADA imposes on employers and providers of public transportation, telecommunications, and public accommodations to accommodate individuals with disabilities.

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

Title I of the ADATitle I of the ADA requires an requires an employer to makeemployer to make reasonable reasonable accommodationsaccommodations to individuals to individuals with disabilities that do not causewith disabilities that do not cause undue hardshipundue hardship to the employer.to the employer.

Reasonable Accommodation Under ADA

Reasonable accommodations may include: Making facilities readily accessible Providing part-time or modified work schedules Acquiring equipment or devices Modifying examination and training materials Providing qualified readers or interpreters

Qualified Individual with a Disability

A person who, with or without reasonable

accommodation, can perform the essential functions of

the job that person desires or holds.

Qualified Individual with a Disability(continued)

A disabled person is someone who:

1. Has a physical or mental impairment that substantially limits one or more of his or her major life activities,

2. Has a record of such impairment, or

3. Is regarded as having such impairment.

Forbidden Conduct

Employers are forbidden from asking a job applicant about the existence, nature, and severity of a disability.

Pre-employment medical examinations are forbidden before a job offer.

Procedure and Remedies

Aggrieved person must first file charge with EEOC EEOC may choose to take action EEOC may permit individual to pursue private

action Relief

Injunction Reinstatement with back pay attorney’s’ fees Compensatory and punitive damages

Affirmative Action

Policy that provides that certain job preferences will be given to minority or other protected class applicants when an employer makes an employment decision.

Key issues: Reverse discrimination Race norming

Reverse Discrimination

Title VII protects members of majority class Affirmative action plans may not have pre-established

numbers of quotas Majority class members may sue

May recover damages Other remedies

State and Local Government Anti-discrimination Laws

Many state and local governments have adopted laws that prevent discrimination in employment. Usually include classes protected by federal equal

opportunity laws Also include classes of persons not protected by

federal laws (e.g., homosexuals)

International Reach of U.S. Anti-discrimination Laws

Civil Rights Act (1991) expressly protects U.S. citizens employed in a foreign country by U.S.-controlled employers.

Foreign operations not controlled by U.S. employers are not covered.

The law contains an express exception that protects U.S.-controlled employers from conflicting foreign laws.

Chapter Thirteen – Recap

1. Describe the scope of coverage of the Title VII of the Civil Rights Act of 1964.

2. Identify race, color, and national origin discrimination that violate Title VII.

3. Identify sex discrimination – including sexual harassment – that violates Title VII.

4. Describe the scope of coverage of the Age Discrimination in Employment Act.

5. Describe the protections afforded by the Americans with Disabilities Act.

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