Discrimination Discrimination

in in EmploymentEmployment

Chapter 23Chapter 23

Employment Employment DiscriminationDiscrimination

Treating individuals Treating individuals differently based on differently based on differencesdifferences

Can be either for Can be either for oror against individualsagainst individuals

Protected ClassesProtected Classes1.1. Race and colorRace and color

2.2. GenderGender

3.3. PregnancyPregnancy

4.4. AgeAge

5.5. ReligionReligion

6.6. Disability - Disability - limitedlimited

7.7. National OriginNational Origin

Justified (legal) Justified (legal) DiscriminationDiscrimination

When workers are judged When workers are judged based on dependability, based on dependability, skill, creativity, knowledge skill, creativity, knowledge and work ethicand work ethic

May receive more raises in May receive more raises in pay, promotions, etc.pay, promotions, etc.

NOTE:NOTE: Employers with Employers with 15 15 or moreor more employees that employees that are engaged in interstate are engaged in interstate commerce are subject to commerce are subject to federal employment federal employment discrimination laws!!!discrimination laws!!!

Equal Pay Act Equal Pay Act (1963)(1963)

Prohibits wage Prohibits wage discrimination on the basis discrimination on the basis of sex, when the same of sex, when the same skill, effort and skill, effort and responsibility are requiredresponsibility are required

Title VII – Civil Rights Title VII – Civil Rights ActAct

(1964) Forbids employers, (1964) Forbids employers, employment agencies and employment agencies and unions from discriminationunions from discrimination

Equal Employment Opportunity Equal Employment Opportunity Commission (EEOC)Commission (EEOC) – has – has authority to investigate and authority to investigate and settle discrimination complaintssettle discrimination complaints

Affirmative Action Affirmative Action planplan

Mandated to remedy past Mandated to remedy past discriminationdiscrimination

Must include positive steps Must include positive steps aimed at offsetting past aimed at offsetting past discrimination by bringing discrimination by bringing percentages of minorities and percentages of minorities and women into the workforcewomen into the workforce

Age Discrimination ActAge Discrimination Act (1967)(1967)

Forbids discrimination against Forbids discrimination against workers over 40 in workers over 40 in anyany employment practiceemployment practice

Exceptions are made only when Exceptions are made only when age is a necessary consideration age is a necessary consideration for performance (police officers, for performance (police officers, fire fighters, etc.)fire fighters, etc.)

Americans with Disabilities Americans with Disabilities ActAct

ADAADA – requires that employers not – requires that employers not engage in discrimination against engage in discrimination against disabled persons (physical or disabled persons (physical or mental)mental)

Employers must only make Employers must only make reasonable accommodations for a reasonable accommodations for a qualified disabled workers until the qualified disabled workers until the point that hardship may occurpoint that hardship may occur

Pregnancy Discrimination Pregnancy Discrimination ActAct

Statute that makes it illegal to Statute that makes it illegal to discriminate because of discriminate because of pregnancy, childbirth or related pregnancy, childbirth or related medical conditionsmedical conditions

May not refuse to hire or May not refuse to hire or promotepromote

May not demoteMay not demote

ProvingProving Illegal Illegal DiscriminationDiscrimination

Chapter 23 – 2Chapter 23 – 2

Unequal Unequal TreatmentTreatment

An employer intentionally An employer intentionally treats members of a treats members of a protected class less protected class less favorable than other favorable than other employeesemployees

(disparate treatment)(disparate treatment)

Evidence of Evidence of Unequal TreatmentUnequal Treatment

Direct EvidenceDirect Evidence–Intentional and openIntentional and open

Ex. “men only”Ex. “men only”

“ “no jews need apply”no jews need apply”

- Employee need only prove that - Employee need only prove that he/she was denied employmenthe/she was denied employment

Evidence of Evidence of Unequal TreatmentUnequal Treatment

Indirect EvidenceIndirect Evidence– Employer denies any intentionEmployer denies any intention

Employee must show:Employee must show:

1.1. Member of protected classMember of protected class

2.2. Apply for qualified jobApply for qualified job

3.3. RejectionRejection

4.4. Employer holds job open and seeks Employer holds job open and seeks anotheranother

Evidence based on Evidence based on StatisticsStatistics

Government initiates proceedings Government initiates proceedings based on evidence of a pattern based on evidence of a pattern and practice of discriminationand practice of discrimination

Must show a statistically Must show a statistically significant difference between significant difference between the protected class and workforcethe protected class and workforce

Employer DefensesEmployer Defenses

1.1. Business NecessityBusiness Necessity – – actions were meant to actions were meant to advance the business advance the business rather than create rather than create unjustified discriminationunjustified discrimination

Employer DefensesEmployer Defenses2.2. Bona Fide Occupational Bona Fide Occupational

Qualifications (BFOQ)Qualifications (BFOQ) – – compels (requires) compels (requires) discriminationdiscrimination

Ex. Actors in a playEx. Actors in a play

- Must be essential to the business- Must be essential to the business

Employer DefensesEmployer Defenses3.3. Bona fide seniority systemBona fide seniority system – –

rewarding employees based on rewarding employees based on length of employmentlength of employment

4. 4. PretextsPretexts

Ex. Hiring a single man over a Ex. Hiring a single man over a mother on the basis of mother on the basis of extensive traveling (traveling extensive traveling (traveling is easier on his schedule)is easier on his schedule)

Neutral on its faceNeutral on its face – policy – policy makes no reference to a makes no reference to a protected classprotected class

** ** Disparate impactDisparate impact – policy – policy eliminates more members eliminates more members of protected class than of protected class than those of majoritythose of majority

Proving Disparate Proving Disparate ImpactImpact

By statistical proof…By statistical proof…

1.1. Applicant PoolApplicant Pool

2.2. Workforce PoolWorkforce Pool

- If percentage in applicant pool is - If percentage in applicant pool is higher than percentage in higher than percentage in workforce group, this suggests workforce group, this suggests disparate impactdisparate impact

Sexual HarassmentSexual HarassmentQuid pro quoQuid pro quo – one thing exchange – one thing exchange

for anotherfor another

Ex. Boss threatens to fire unless…Ex. Boss threatens to fire unless…

Hostile environmentHostile environment – when – when unwelcomed comments, gestures, unwelcomed comments, gestures, or contact interferes with an or contact interferes with an employee’s ability to workemployee’s ability to work