Legal Regulatory Environment of Business Chapter 20 Discrimination in Employment Civil Rights Act of 1964 To whom does it apply What is its goal What types of discriminatory conduct are prohibited Who is responsible for enforcing it How is it enforced Damages As originally enacted the only remedy available to plaintiffs was reinstatement with back pay In 1991 the CRA was amended to allow plaintiffs to recover up to 300 000 in compensatory and punitive damages if the employer s discrimination was intentional Types of Discrimination Cases Disparate Treatment Employer intentionally discriminates against members of a protected class Employer can avoid liability by showing that all or substantially all of the members of the plaintiff s class cannot perform the duties of the job Types of Discrimination Cases Disparate Impact An employment practice or policy that is facially neutral but has a disproportionate discriminatory effect on members of a protected class Employer can avoid liability by showing that the practice or policy is job related and based on business necessity Plaintiffs can overcome the BND by showing that the business s needs may be met via other practices policies that would not have a discriminatory effect on a protected class Types of Discrimination Cases Retaliation Thompson v North American Stainless LP U S 2011 Race Color Discrimination Title VII prohibits employment discrimination on the basis of race or color Ricci v Destefano U S 2009 National Origin Discrimination Title VII prohibits employment discrimination on the basis of national origin or ethnicity Religious Discrimination Title VII prohibits employment discrimination on the basis of religion Many people believe final version of law will exempt religious organizations from title VII Final version religious organizations were only allowed to discriminate on the basis of religion Comply with race sex national origin Unless employee in question meets ministerial exemption Says when religious organization is hiring a minister they are free to discriminate on whatever they want Sex Discrimination Title VII prohibits employment discrimination on the basis of sex gender Sexual Harassment Quid Pro Quo Supervisor threatens to take adverse employment action against the employee unless the employee is receptive to the supervisor s sexual advances or the supervisor makes promotion or receipt of other benefits contingent upon the employee s performance of sexual favors Hostile Work Environment W hether an environment is sufficiently hostile or abusive must be judged by looking at all the circumstances including the frequency of the discriminatory conduct its severity whether it is physically threatening or humiliating or a mere offensive utterance and whether it unreasonably interferes with an employee s work performance Sex Discrimination Pregnancy Discrimination Act Can discriminate based on pregnancy Because it s not discriminating between men and women Its between pregnant and non pregnant women the PDA overruled supreme court passing the act saying that you can t discriminate based on pregnancy Equal Pay Act Ignore discussion of comparable worth theory on p 662 Lilly Ledbetter Fair Pay Act Man and woman doing same work you must pay them more or less the exact same wage End of our Discussion of Title VII of the Civil Rights Act of 1964 Race Discrimination Section 1981 of the Civil Rights Act of 1866 provides an independent cause of action to individuals who are discriminated against on account of their race Age Discrimination Age Discrimination in Employment Act prohibits employment discrimination against individuals 40 years of age and older Disparate Treatment Disparate Impact To avoid liability an employer need only show that a reasonable factor other than age accounted for the discriminatory impact Ignore discussion of remedies on p 671 Disability Discrimination Americans with Disabilities Act prohibits employment discrimination on the basis of past or present disability ADA defines disability as any physical or mental impairment that substantially limits one or more major life activities Reasonable Accommodation Employers must make reasonable accommodation for the qualified disabled those with a disability who can perform the essential functions of a particular job Genetic Discrimination Genetic Information Nondiscrimination Act prohibits employment discrimination on the basis of genetic information Sexual Orientation Gender Identity Discrimination Federal Laws State Local Laws Employer Non Discrimination Policies State Antidiscrimination Laws Supplement federal legislation May impose additional duties on employers with respect to groups that are already protected under federal law May create protections for groups that are not currently covered by federal law Whereas small businesses less than 15 employees are generally exempt from federal antidiscrimination laws state antidiscrimination laws often apply to all employers including small businesses F Y I The following information will not be tested on the exam Section 10 pp 666 668 Affirmative Action Programs Section 11 p 668 Seniority Systems Section 16 pp 675 676 Getting and Keeping Health Insurance Section 17 p 676 Other Federal Legislation Section 19 pp 677 679 Trends in Employment Discrimination