Slide 1Civil Rights Act of 1964DamagesTypes of Discrimination CasesTypes of Discrimination CasesTypes of Discrimination CasesRace/Color DiscriminationNational Origin DiscriminationReligious DiscriminationSex DiscriminationSexual HarassmentSex DiscriminationSlide 13Race DiscriminationAge DiscriminationDisability DiscriminationGenetic DiscriminationSexual Orientation & Gender Identity DiscriminationState Antidiscrimination LawsF.Y.I.Legal & Regulatory Environment of BusinessChapter 20: Discrimination in EmploymentCivil 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types of discriminatory conduct are prohibited?Who is responsible for enforcing it?How is it enforced?DamagesAs originally enacted, the only remedy available to plaintiffs was reinstatement with back pay.In 1991, the CRA was amended to allow plaintiffs to recover up to $300,000 in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 wantSex 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 wageEnd of our Discussion of Title VII of the Civil Rights Act of 1964Race 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. 671Disability 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 PoliciesState 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