MANA 3320 1st Edition Lecture 6 Outline of Last Lecture I 7 Major Laws and 1 Group Affecting Equal Employment Opportunity Continued II Film on American Disabilities Act Outline of Current Lecture I Code of Federal Regulations II Quid Pro Quo harassment III 7 Major Landmark Cases Current Lecture Common law vs civil law o US is common law o Judicial is more important in common law countries o Civil law is more legislative branch parliament There are no federal law that prohibits discrimination on o Weight o Beauty ugliness o Correctable disabilities Code of Federal Regulations uniform guideline o Done by executive branch o The use of any selection procedure that has an adverse impact on the hiring or promotion opportunities which affect a protected class will be considered discriminatory o Adverse impact The rejection of a significantly higher percentage 80 of a protected class for employment placement or promotion when compared with a non protected class Possibly the unintentional result of an innocent act yet the outcome is still discriminatory 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 Quid pro quo harassment o Occurs when submission to or rejection of sexual conduct is used as a basis for employment decisions o Involved a tangible or economic consequence such as a demotion or loss of pay Most common is quid pro quo can be individual or class act cases 7 Major Landmark Cases o Only supreme court can decide these o First time the court is taking up a new law o 1 Griggs vs Dube Power com o Griggs applied for a coal handling job and took the Wonderlic test and failed Griggs won since the Wonderlic test didn t have validity and wasn t job related 2 McDonnell Douglass case o o 1 Plaintiff must prove he she is part of the protected class and in the hiring promotion context 2 Must prove they are qualified 3 Must prove they were denied 4 After rejection you must prove the company continued to interview for the job you weren t hired for 3 Albemarle Paper Co vs Moody o Had to prove 4 things to be considered a case Tests used in the hiring promotion process must be valid and reliable 4 TWA vs Hardison Defined reasonable accommodation for Title VII Religion landmark case 5 University of California vs Bokke Bokke applied to med school and got rejected to a black guy with lower MCAT scores Not an employment law case is a school law case Reverse discrimination o o The act of giving preference to members of protected classes to the extent that unprotected individuals believe they are suffering discrimination 6 US Steel and United Steel Workers Union vs Weber Weber applied to a company training program and got rejected to minorities and Weber lost Difference between this case and Bokke case Employment law case not school law case Consent decree with quotas Breach of contract case not in bokke case 7 Ricci vs DeStefano 19 plaintiffs suing New Haven Connecticut They all passed the test to be promoted then city said test was no longer needed they were all rejected All black applicants were promoted even though they failed the exam Supreme court ruled that the plaintiffs win First reverse discrimination case was decided
View Full Document
Unlocking...