Slide 1IntroductionTitle VII of the Civil Rights Act of 1964Title VII of the Civil Rights Act of 1964Title VII of the Civil Rights Act of 1964Title VII of the Civil Rights Act of 1964Title VII of the Civil Rights Act of 1964Discrimination Based on Race, Color and National OriginDiscrimination Based on Race, Color and National OriginDiscrimination Based on Race, Color and National OriginDiscrimination Based on ReligionDiscrimination Based on GenderConstructive DischargeConstructive DischargeSexual HarassmentSexual HarassmentSexual HarassmentSexual HarassmentSexual HarassmentSexual HarassmentSexual HarassmentSexual HarassmentSexual HarassmentOnline HarassmentRemedies Under Title VIIDiscrimination Based on AgeDiscrimination Based on AgeDiscrimination based on Disability (ADA)ADAADAADAADAADAADADefenses to Employment DiscriminationDefenses to Employment DiscriminationDefenses to Employment DiscriminationDefenses to Employment DiscriminationDefenses to Employment DiscriminationAffirmative Action© 2014 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.© 2014 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.Business Law Today 10th Ed.Text and Summarized CasesDiverse, Ethical, Online and Global EnvironmentRoger LeRoy MillerGaylord JentzChapter 25 Employment Discrimination and DiversityAndrest/Shutterstock.com© 2014 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.INTRODUCTION•The most important federal anti-discrimination laws are:–Title VII of the Civil Rights Act of 1964.–The Age Discrimination in Employment Act.–The Equal Pay Act.–The Americans with Disabilities Act.2© 2014 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.TITLE VII OF THECIVIL RIGHTS ACT OF 1964•Title VII prohibits discrimination in employment on the basis of race, sex, color, religion, and national origin. •“Sex” now includes pregnancy.-->3© 2014 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.TITLE VII OF THECIVIL RIGHTS ACT OF 1964•Applies to employers involved with interstate commerce with 15 or more employees. •Equal Employment Opportunity Commission.Monitors compliance with Title VII.4© 2014 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.TITLE VII OF THECIVIL RIGHTS ACT OF 1964•Intentional and Unintentional Discrimination.–Intentional Discrimination.•“Disparate-Treatment” Discrimination. Applicant must prove:–She is member of a protected class;–Applied, qualified and rejected for job; and–Employer continued to seek applicants.–Burden then shifts to employer who must articulate a legal reason for not hiring.5© 2014 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.TITLE VII OF THECIVIL RIGHTS ACT OF 1964•Intentional and Unintentional Discrimination.–Unintentional Discrimination.•Disparate Impact Discrimination: occurs when a protected group of people is adversely affected by an employer’s practices, procedures, or tests, even though they do not appear to be discriminatory. 6© 2014 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.TITLE VII OF THECIVIL RIGHTS ACT OF 1964•Intentional and Unintentional Discrimination.–Unintentional Discrimination.•Pool of Applicants test: plaintiff shows percentage of the protected class in employer’s workforce does not reflect percentage in local labor market. 7© 2014 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.DISCRIMINATION BASED ON RACE, COLOR AND NATIONAL ORIGIN•Title VII prohibits employment policies or intentional/ negligent discrimination on basis of race, color or national origin.8© 2014 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.DISCRIMINATION BASED ON RACE, COLOR AND NATIONAL ORIGIN•Policies that discriminate are illegal, unless (except for race) they have a substantial demonstrable relationship to realistic qualifications for job. 9© 2014 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.DISCRIMINATION BASED ON RACE, COLOR AND NATIONAL ORIGIN•“Reverse” Discrimination.Title VII also protects against discrimination against majority group individuals, such as white males.10© 2014 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or