BUSA2106 Lecture 24 Outline of Last Lecture I Employment discrimination Title VII Defenses Retaliation Outline of Current Lecture II Employment discrimination Equal Pay Act Age Discrimination in III Employment Act Americans with Disabilities Act Current 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 harassment Protected 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 requirements
View Full Document
Unlocking...