Slide 1Key Federal Antidiscrimination StatutesDiscrimination Charges in F/Y 2013Sec. 1: Title VII of the 1964 Civil Rights ActTitle VII CoverageEqual Employment Opportunity Commission (EEOC)Filing a Civil Action under Title VIIIntentional and Unintentional DiscriminationIntentional Discrimination—Disparate TreatmentUnintentional Discrimination— Disparate ImpactDiscrimination Based on Race, Color, and National OriginDiscrimination Base on ReligionDiscrimination Based on GenderWage Discrimination--Equal Pay ActConstructive DischargeSexual HarassmentSexual HarassmentSexual Harassment/RetaliationRemedies for Title VII ViolationsSec. 2: Discrimination Based on AgeSec. 4: Defenses to Title VII Claims1Employment DiscriminationChapter 222Key Federal Antidiscrimination StatutesEqual Pay Act of 1963.Title VII of the Civil Rights Act of 1964.Age Discrimination in Employment Act (1967). The Americans with Disabilities Act (1990).3Discrimination Charges in F/Y 2013The EEOC reported 93,727 individual job discrimination charges filed against private employers in F/Y 2013: (These add to more than 100% because individual charges typically include allegations of multiple types of discrimination.)Race 35.3% Retaliation 41.1%Sex 29.5% Disability 27.7% Religion 4.0% Age 22.8%Color 3.4% Equal Pay Act 1.1%Nat’l Origin 11.4%4Sec. 1: Title VII of the 1964 Civil Rights ActAct prohibits employment discrimination based on race, color, religion, sex (gender), or national origin (“protected classes”). Discrimination means firing, refusing to hire, failing to promote, or otherwise reducing a person’s employment opportunities (e.g., wages, benefits, working conditions) because of the person’s race, color, religion, sex (gender), or national origin.5Title VII CoverageApplies to employers with 15 or more employees, including labor unions, employment agencies, and state and local governments. Also applies to the federal government (but with different procedures)If the Act applies to an employer, any employee can file an action under the Act.Employers with less than 15 employees may still have liability under state antidiscrimination laws.Independent contractors are not protected under Title VII.6Equal Employment Opportunity Commission (EEOC)Equal Employment Opportunity Commission (“EEOC”) is the federal agency that enforces Title VII and other federal employment discrimination statutes.States also have administrative agencies that handle employment discrimination matters..Employees must file Title VII discrimination charges with the EEOC within 180 days after the violation. The EEOC will investigate and try to negotiate a settlement if a violation appears to have occurred. The EEOC has the option to file a lawsuit against an employer on behalf of an employee.7Filing a Civil Action under Title VII If the EEOC decides not to litigate the claim, the employee can file a private lawsuit--but only after receiving a “right to sue” letter from the EEOC. The EEOC “right to sue” letter certifies that the employee has exhausted his administrative remedies. Employee must file a lawsuit within 90 days after EEOC issues a “right to sue” letter in order to satisfy the statute of limitations for bringing such a lawsuit.An employer may not fire, demote, harass, or otherwise "retaliate" against an individual for filing a charge of discrimination, or for cooperating with an EEOC investigation.8Intentional and Unintentional DiscriminationIntentional discrimination and unintentional discrimination are both prohibited under Title VII.Intentional discrimination by an employer is called “disparate-treatment discrimination.”Disparate-treatment discrimination occurs when an individual is treated less favorably than other employees because of race, color, religion, national origin, or sex.9Intentional Discrimination—Disparate TreatmentPlaintiff must establish a prima facie case (showing all required elements) for discrimination action. This creates the presumption of discrimination.The burden of proof shifts to the employer to show that the employment decision was legitimate and nondiscriminatory; otherwise, plaintiff wins.If employer provides such proof, plaintiff must show that the challenged employment decision was actually the result of discrimination—and that the employer’s reason was a pretext.Read Case 22.1: Dees v. United Rentals North America, Inc. (9th Cir. 2013). Case illustrates how the burden of proof shifts in a Title VII class.10Unintentional Discrimination— Disparate Impact Unintentional discrimination by an employer is called “disparate-impact discrimination.” Disparate impact occurs when hiring, promoting and firing practices that do not appear to be discriminatory on their face, nevertheless have the effect of discriminating against members of a protected class.Plaintiff must establish that a practice has a disparate impact on a protected class. This requires a statistical showing of the impact of the employment practice on the class based on the pool of applicants or rate of hiring.Employer must show “business necessity” for the business practice. If employer makes a convincing argument, plaintiff must show that employer’s business needs could have been advanced by less discriminatory practices that the employer failed to adopt.11Discrimination Based on Race, Color, and National Origin Includes discrimination against African Americans and other racial minorities, such as Eskimos and Native Americans.Courts have held that the statute also forbids discrimination against majority group individuals (“reverse discrimination”).Includes discrimination based on a person’s country of origin; ancestral country of origin; or characteristics shared by people of certain national originSkip: “Potential Section 1981 Claims.”12Discrimination Base on Religion Employers cannot treat employees less favorably based on their religious beliefs and practices, and cannot require them to participate in any religious activity.Employers must reasonably accommodate an employee’s religious practices, unless it would cause undue hardship to the business.Religious educational institutions are usually immune from Title VII when they discriminate on the basis of religion for jobs in which it is critical (e.g. religion