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WVU BCOR 320 - Chapter 18 cont

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BCOR 320 1nd Edition Lecture 34Chapter 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 conditionsPregnancy Discrimination Act: An employer may not fire, refuse to hire, or fail to promote a woman because she is pregnantAge 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 environmentDisparate 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 olderThese 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 qualifiedDiscrimination 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 fundsAmericans with disabilities act: Disability◦ Disabled person is: 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◦ 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 environmentGenetic 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 premiumsEnforcement:  Constitutional claims◦ People bringing a claim under the Constitution must file a suit on their own Civil Rights Act of 1866◦ 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


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