BUSA2106 Lecture 23Outline of Last Lecture I. Employee versus independent contractor relationshipII. Employment at willOutline of Current LectureIII. Employment discrimination: • Title VII• Defenses• RetaliationCurrent Lecture - Limitations on discharge of at-will employees• Contractual limitations– Collective Bargaining Agreements– Express contracts– Implied contracts (long term employees)• Public policy limitations– Workers’ comp• Not recognized in Georgia• Statutory limitations– Anti-discrimination laws– Anti-retaliation laws– Whistleblower statutes- Federal anti-discrimination law• Title VII of the Civil Rights Act of 1964– Race, color, national origin, sex, religious discrimination in employment• (Next class:– Equal Pay Act of 1963• Sex discrimination in pay– Age Discrimination in Employment Act of 1967• Age discrimination in employment– Americans with Disabilities Act of 1990• Disability discrimination in employment)- Who is subject to Title VII?• Title VII applies to– Companies that have 15 or more employees for 20 weeks in the current or preceding year– All employment agencies– Labor unions with 15 or more members– State and local governments– Most agencies of the federal government- Who enforces Title VII and other employment discrimination laws?• The Equal Employment Opportunity Commission (EEOC) monitors compliance– Victims of employment discrimination MUST file claim with EEOC – EEOC investigates “priority” cases– EEOC may sue on employee’s behalf or may issue “right to sue” letter allowing victim to sue employer directly• Why require employment discrimination claims to go through the EEOC process
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