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Employment Law for Human Resource Practice. Chapter 3 Overview of Employment Discrimination. The Continuing Reality of Employment Discrimination. Progress has been made against discrimination since the passage of Title VII . - PowerPoint PPT Presentation
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Employment Law forHuman Resource Practice
Chapter 3
Overview of
Employment Discrimination
2
The Continuing Reality of Employment Discrimination
Progress has been made against discrimination since the passage of Title VII.
While overt discrimination is less frequent, more subtle forms of discrimination continue.
Plaintiff may prove discrimination by direct or circumstantial evidence, but Plaintiff has the burden of proof
Discrimination is inherently difficult to prove.
3
The Concept of Employment Discrimination
Definition: – A limitation or denial of employment
opportunity based on protected class characteristics of a person
In essence, “adverse employment actions”
– Liability arises not from prejudice alone, but from its effects on employment opportunities.
4
Major Federal Antidiscrimination Statutes
Title VII of Civil Rights Act of 1964 Equal Pay Act Age Discrimination in Employment Act Rehabilitation Act Pregnancy Discrimination Act Americans with Disabilities Act
5
Other Anti-Discrimination Provisions
US Constitution:– US Code Section 1981 & Section 1983– 14th Amendment
For federal contractors:– Executive Order 11246
States, cities & counties also have statutory, constitutional and regulatory antidiscrimination provisions
6
Protected Classes, Federal 1
Race, Color – Title VII, Civil Rights Act, 42 U.S.C. §1981
Sex – Title VII, Civil Rights Act, Equal Pay Act
National Origin– Title VII, Civil Rights Act, 42 U.S.C. §1981,
Immigration Reform and Control Act Religion
– Title VII, Civil Rights Act
7
Protected Classes, Federal 2
Citizenship (citizens or legal aliens) – Immigration Reform and Control Act
Age 40 and over – Age Discrimination in Employment Act
Disability (qualified individual with a disability)– Americans with Disabilities Act;
The Rehabilitation Act
8
Protected Classes, Federal 3
Pregnancy (pregnancy, childbirth, related) – Pregnancy Discrimination Act
Veterans (military service) – Uniformed Services Employment & Reemployme
nt Rights Act
Genetic information – Genetic Information Nondiscrimination Act
9
Protected Classes, State
Some protected classes are recognized under state or city law, but not federal law:– Marital status– Sexual orientation – Gender identity– Tobacco/alcohol use
10
Types of Discrimination
Disparate treatment– Intentional, unequal treatment
Adverse (Disparate) impact– Facially neutral policy has discriminatory impact
Failure to reasonably accommodate– Applies to religion, disability only (See Chapter 10)
Retaliation– To punish based on employee’s exercise of his
legal rights
11
Other Discrimination Terms 1
Facially discriminatory policy or practice– But allegedly justified, based on a BFOQ
“Reverse” discrimination– A misnomer typically meaning discrimination
against a white male
Pretext– A false reason given to justify a discriminatory
employment decision
12
Showing Disparate Treatment – Facially Discriminatory Practice
13
Other Discrimination Terms 2
Mixed motives– Decisions based on partly legal, partly illegal
motives
Pattern or practice– Statistical evidence reveals discrimination
occurring over time
Harassment– A form of disparate treatment
14
Elements of a Claim –Disparate Treatment – Pretext 1
1) Plaintiff must prove a prima facie case:– Plaintiff’s relevant protected class characteristic– Applied for the employment opportunity– The employment opportunity was available– Plaintiff was qualified for it– Plaintiff was denied the opportunity– Defendant-Employer continued to interview, or
hired one with contrasting protected class characteristics
15
Elements of a Claim –Disparate Treatment – Pretext 2
2) If Plaintiff proves a prima facie case, then Defendant must produce evidence of lawful motive for the employment decision.
3) If Defendant produces such evidence, Plaintiff may rebut by:– Providing evidence that casts doubt on
Defendant’s claimed motive, and/or– Providing other evidence supporting the claim of
discriminatory motive
16
Jones v. Oklahoma City Public Schools
Facts: Jones was demoted and suffered a reduction in pay after several questions regarding when she would retire. Although she was told her duties would be absorbed by others, a new position was created with “strikingly similar” duties. Jones sued, alleging age discrimination. Summary Judgment was entered against her and she appealed.
Issue: If Plaintiff proves a prima facie case of discrimination and shows the Defendant employer’s given reasons to be pretext, must she also provide further proof of discrimination to avoid summary judgment against her?
Held: Once Plaintiff has proven a prima facie case of age discrimination, and shown the employer’s proffered reasons to be pretext, she need not submit additional evidence of discrimination. Summary
17
Elements of a Claim – Adverse Impact 1
1) Plaintiff must prove a prima facie case:– A “neutral” practice disproportionately limits the
employment opportunities of a protected class of which plaintiff is a member.
– The difference in outcomes across protected class groups is large enough that it is unlikely to exist by chance.
18
Elements of a Claim –Adverse Impact 2
2) If Plaintiff proves a prima facie case, then Defendant must prove that the challenged practice is “job related and consistent with business necessity.”– In age discrimination cases, the employer must show
that the practice is a reasonable factor other than age. 3) If Defendant successfully defends the practice,
Plaintiff may still prevail by showing that a feasible, less discriminatory, practice exists, but the employer refuses to adopt it.– Does not apply in age discrimination cases.
19
Showing Adverse Impact – Overview
20
Elements of a Claim –Retaliation 1
1) Plaintiff must prove a prima facie case:– Plaintiff engaged in protected activity or opposed
discrimination– Plaintiff suffered an adverse employment action– There is a causal link between the activity and the
adverse employment action 2) If Plaintiff proves a prima facie case, then
Defendant must prove a lawful, non-retaliatory motive for the decision.
21
Elements of a Claim –Retaliation 2
3) If Defendant successfully defends the decision, Plaintiff may rebut Defendant’s claims by:– Providing evidence that sheds doubt on the
credibility of Defendant’s stated motive; and/or– Providing other evidence that supports the claim
that retaliation is the most likely explanation for the adverse action.
Collazo v. Bristol-Myers Squibb
Facts: Collazo sued his former employer alleging he was fired in retaliation for his attempts to assist another employee who was being sexually harassed. The employer contended that Collazo did not verbally protest, and that no sexual harassment had occurred. Summary judgment was entered against him, and he appealed.
Issues: Is a Title VII violation required to establish a claim for retaliation? Must an employee verbally oppose the harassment of another, or is conduct in opposition sufficient?
Held: A claim for retaliation may be established where employee has a good faith reasonable belief of unlawful activities and opposes them by conduct. Summary
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