BUSA2106 Lecture 24Outline of Last Lecture I. Employment discrimination: • Title VII• Defenses• RetaliationOutline of Current LectureII. Employment discrimination:– Equal Pay Act– Age Discrimination in III. Employment Act– Americans with Disabilities ActCurrent Lecture What is prohibited employment discrimination?• It is illegal for employers to discriminate against protected classes of employees in– Recruitment, hiring, demotions, and firing – Compensation and fringe benefits, retirement plans, disability leave – Transfer, promotion, layoff or recall– Testing and training – Any term, condition, or privilege of employment- Protected classes• National origin – Prohibits discrimination based on person’s (or ancestors’) place of origin or– Physical, cultural, linguistic characteristics• Religion – Prohibits religious discrimination– Requires “reasonable accommodation” by employer unless this imposes an “undue hardship”Protected classes (cont.)• Race and color– Applies to all races, including whites• “Reverse discrimination”– Prohibits racial discrimination and harassmentProtected classes (cont.)• Sex– Prohibits sex discrimination and harassment• Sexual harassment– “Unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature.”– Same-sex or opposite-sex– Types of Harassment• Quid pro quo• Hostile environment- Other protections• Retaliation:– Engaged in protected activity– Employer’s action would prevent a reasonable worker from making or supporting a claim of discrimination• Third party retaliation: Thompson v. North American Stainless, LP (2011)What are the legal theories used in Title VII litigation?• Disparate treatment – Intentional discrimination against an individual who was treated less favorably because of race, sex, religion or national origin• Disparate Impact – Unintentional discrimination caused by employer’s use of facially neutral criteria that produces a disproportionate impact on a protected class- Disparate impact discrimination (cont.)• Theory is used to reach covert or unintentional discrimination– Employer bases decisions on facially neutral criteria BUT criteria produces disproportionate impact on protected class. - Facially neutral criteria… –Height and weight requirements– Fitness tests– Education levels– Test scores– Interview scores– Residency requirements– Membership or sponsorship
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