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ECU FINA 2244 - Chapter 16 Outline

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CHAPTER 16Employment DiscriminationI. Statutes : Veterans and Sexual Orientation are not protected Pg. 436A. The Equal Pay Act of 1963 1. type of discrimination prohibited: Paid discrimination on the basis of gender2. requirement of “equal pay”: Equal pay when equal skill and effort and same working conditions 3. when differences are allowed: Seniority systems or merit systemsor systems based on quantity of productions4. means of eliminating pay differentials: Give a raise to effective genderB. Title VII of the Civil Rights Act of 1964 Pg. 436-4371. Protection afforded: Illegal for an employer with 15 or more employees to discriminate against any member for protected classes. Equal employment opportunity 2. Protected classes Pg. 437a. Race: Black, white, native American, Asian, Hispanicb. Color: Shade of your skinc. national origin: Country you were born or ancestors came, physical, culture, or speech characteristics. Only for US citizens, may refuse to hire noncitizens d. religion: Any sincere or meaningful belief, must provide reasonable accommodation for religious practices. Cannot impose undue hardship—costs the employer an amount of money or disrupts the operations Pg. 438e. sex: Gender, male and female, not sexual orientation or identificationf. pregnancy: No discrimination for pregnancy or childbirth. Amendment to Title 7 Pg. 439g. sexual harassment Pg. 440i. definition: unwelcome sexual advances, requests for sexual favors, or conduct that unreasonably with work operations or creates a hostile environemntii. quid pro quo: This for that, if you do or don’t perform some task, some tangible action will be takeniii. hostile environment – Harris: Conduct is so severe to alter the conditions of the victims employment and creates an abusive environment. Factors include frequency, severeness, creates psychological harm, physical threatening, interfere withwork performance C. The Age Discrimination in Employment Act (ADEA): 20 or more employees, Prohibits discrimination of employees over the age of 401. Type of discrimination prohibited Pg. 4422. Examples: Sending employees emails when they will retire, 21st century, new blood, came over on the Mayflower D. Complaint Procedures Pg. 443 Fig 16.61. Filing complaint: Local EEOC Office2. Notification: Within 180 days of the Act3. Investigation: Fact finding conference4. Merit: Right to sue letter to bring the case to Federal courtII. Types of Discrimination Claims Pg. 444A. Disparate treatment Pg. 444-445 Fig. 16.21. prima facie case – McDonnell-Douglas: Plaintiff is showing that the employer intentionally discrimated agaist him or her for somepersonal characteristic. The plaintiff must show that they belong to a certain class, belong to a certain class, met qualification for the job, suffered employment action, and employer sought otherswith certain qualifications2. burden shift to defendant: Can overcome presumption of discrimination by presenting evidence that the claim is untrue and provide legal reasoning 3. burden shift to plaintiff: Show that the defendant had an illegal motif.4. Lewis: Must follow your own procedures5. employer defense: In hostile environments if the employer exercises reasonable care to prevent sexual harassment cases, andemployee failed to partake in preventive and corrective opportunities Pg. 447-448B. Disparate impact - EEOC v. Dial: Pg. 449III. Defenses Under Title VII and the ADEA and Remedies Pg. 450-451A. Business Necessity: Employer has certain requirments so an employee canperform certain jobs in a certain way. Experience or strengthsB. Professionally Developed Ability Tests: Predicts workability required for a specific jobC. Bona Fide Seniority/Merit Systems: Pg. 451D. Bona Fide Occupational Qualification (BFOQ): Reasonably necessary for the normal operation to have certain employees perform certain tasks. EX:Hooters, Female models, female waitresses. No BFOQ on the basis of race. Good cause, performace of production, and seniority Pg. 452E. Remedies Pg. 452-4531. Monetary: a. Compensatory: Back wages or therapy or medical treatmentsb. Punitive: If employer acted with malic or reckless disregard foryour rights. Will be capped depending on number of employees2. Equitable: Reinstatement with back pay, promotion, and artificialseniorityIV. Affirmative Action Pg. 453A. Definition of an affirmative action program: Deliberate effort to remedy discriminatory practices in the hiring, training, and promotion of protectedclasses.B. Executive Order 11246: President Lyndon Johnson Signed Pg. 4541. Enforcement: By Federal Governemnt 2. underutilization analysis: Companies who do business with the government. Compares a percentage of minorities and woman in the community to the percentage employed. Must be increased if smallC. As a remedy: Percentaged must be increased Pg. 454D. Voluntary affirmative action: More common by employers concerned about diversity Pg. 454V. Disability Discrimination Pg. 455A. Rehabilitation Act of 1973: Companies with contracts with the federal government have a duty to ensure the disabled opportunities in the workplace by providing accomodations. If you are in public school EX:B. Americans With Disabilities Act (ADA): Employers with 15 or more employees. C. Definition of “person with disabilities”: physical or mental impairment, record of such impairments, or person regarded as having such an impariemnt. 3 factors Pg. 456D. Compliance: Endured by EEOC, Required to provide reasonable accomondations Pg. 455E. Reasonable accommodation – Keith: Simple as moving a chair. Lifeguard Pg. 457F. EEOC guidance1. Guidelines: Pg 459, 2. illegal questions: May not ask if ever treated for mental health problems, drug addiction, sick days. Can ask how they will perform a job and what accomondations are required3. requests for information after making an offer: May wish to ask for documentation to disability G. Violations by employers: Rejecting job applicants for HIV, not hiring a person with a disability because they do not have a handicapped restroom, limiting advancement opportunities Pg.


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