WVU BCOR 320 - Chapter 8 cont (3 pages)

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Chapter 8 cont

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Chapter 8 cont


Lecture number:
Lecture Note
West Virginia University
Bcor 320 - Legal Environment of Business
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BCOR 320 1nd Edition Lecture 33 Chapter 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 a job 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 conduct These 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 Gender must be irrelevant to employment decisions Sex 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 VII Defenses 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 to the 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 contracts

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