BCOR 320 1nd Edition Lecture 34 Chapter 18 Employment Discrimination cont Equal Pay Act of 1963 Employee may not be paid at a lesser rate than employees of the opposite sex for equal work Equal work Tasks that require equal skill effort and responsibility under similar working conditions Pregnancy Discrimination Act An employer may not fire refuse to hire or fail to promote a woman because she is pregnant Age Discrimination Act An employer with 20 or more workers may not fire refuse to hire fail to promote or otherwise Reduce a person s employment opportunities because he is 40 or older Plaintiff can show discrimination in Disparate treatment Disparate impact Hostile work environment Disparate Treatment Step 1 Plaintiff must show that He is 40 or older He suffered an adverse employment action He was qualified for the job for which he fired or not hired Replaced by younger person Step 2 Employer must present evidence that its decision was based on legitimate nondiscriminatory reasons Step 3 Plaintiff must show that employer s reasons are a pretext Step 1 Plaintiffs must present a prima facie case that employment practice excludes a number of people 40 and older 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 Step 2 Employer wins if decision was based on reasonable factor other than age Hostile Work Environment Bona fide occupational qualification To set a maximum age employer must show that Age limit is necessary to the essence of business Virtually everyone that age is unqualified for the job Age is the only that an employer can determine who is qualified Discrimination on the basis of disability Rehabilitation Act of 1973 Prohibits discrimination on the basis of disability by Executive branch of the federal government Federal contractors Entities that receive federal funds Americans with disabilities act Disability Someone with a physical or mental impairment that limits a major life activity Someone who is regarded as having such an impairment Accommodating the disabled worker Disabled person is Reasonable accommodation Employers are expected to Make facilities accessible Permit part time schedules Acquire or modify equipment Assign a disabled person to an open position that he can perform Can perform essential functions of the job Accommodation is not reasonable if it would create undue hardship for the employer Medical exams Three stages With applicants employer may not require medical exam interviewer may ask Whether an applicant can perform the work Applicant to demonstrate the work What accommodation applicant would need With entering employees medical test must be Required of all employees Treated as confidential With existing employees medical exam are required to determine If a worker is still able to perform the existing function of the job An employer may not discriminate against someone because of his relationship with a disabled person Physical and mental abilities are to be treated the same Disparate treatment and disparate impact Hostile work environment Genetic information nondiscrimination act Employers with 15 or more workers may not require Genetic testing or discriminate against workers because of their genetic makeup Health insurers may not use such information to decide coverage or premiums Enforcement Constitutional claims Civil Rights Act of 1866 People bringing a claim under the Constitution must file a suit on their own Advantages over Title VII Four year statute of limitations Unlimited compensatory and punitive damages Applicability to all employers Rehabilitation Act of 1973 Statute is enforced by the EEOC Department of Labor and Department of Justice Other statutory claims EEOC responsible for enforcing Title VII Equal Pay Act Pregnancy Discrimination Act ADEA ADA GINA
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