WVU BCOR 320 - Chapter 18 cont (4 pages)

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Chapter 18 cont



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Chapter 18 cont

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Lecture number:
34
Pages:
4
Type:
Lecture Note
School:
West Virginia University
Course:
Bcor 320 - Legal Environment of Business
Edition:
1

Unformatted text preview:

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



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