BCOR 320 1nd Edition Lecture 33Chapter 18 cont: Prohibited activities◦ Disparate impact Step 1 – Plaintiff must present a prima facie case Step 2 – Defendant must offer some evidence that the employment practice was ajob-related business necessity Step 3 – To win, plaintiff must prove either that: Employer’s reason is a pretext or that other, less discriminatory, rules would achieve the same results Prohibited activities◦ Hostile work environment Sexual harassment – Unwelcome sexual advances Requests for sexual favors Severe verbal or physical conduct of sexual nature that interfere with an employee’s ability to work Categories: Quid pro quo: One thing in return for another Hostile work environment Prohibited activities◦ Hostile work environment Same-sex harassment Employer liability for sexual harassment The company is also liable for the employee’s conductThese notes represent a detailed interpretation of the professor’s lecture. GradeBuddy is best used as a supplement to your own notes, not as a substitute. Hostile environment based on race Hostile environment based on color Hostile environment based on national origin Prohibited activities◦ Retaliation – Employer has done something that would deter a reasonable worker from complaining about discrimination Religion◦ Employers cannot discriminate against a worker because of his religious beliefs Sex◦ Gender must be irrelevant to employment decisions Family responsibility discrimination◦ Parenthood is a protected category under Title VII Sexual orientation◦ Half the states and hundreds of cities have statutes that prohibit discrimination based on sexual orientation Gender identity◦ Discriminating against someone for being transgender is a violation of Title VIIDefenses to Charges of Discrimination: Merit◦ Defendant is not liable if he shows that the person he favored was the most qualified Seniority◦ Legitimate seniority system is legal even if it perpetuates past discrimination Bona fide occupational qualification (BFOQ):◦ Employer is permitted to establish discriminatory job requirements if they are essential tothe position in question◦ Employers consider customer preference in such situations Safety Privacy Authenticity Affirmative action – Goal is to remedy the effects of past discrimination◦ Sources Litigation Voluntary action Government
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