HB 307 01 19 2016 Jan 19th chapter 2 equal opportunity lawsuits are biggest litigation fears Title VII of the 1964 Civil Rights Act an employer cannot discriminate on the basis of race color religion sex or national origin with respect to employment Equal Employment Opportunity Commission EEOC commission created by Title VII empowered to investigate job discrimination complaints and sue on behalf of complaints 5 members 5 year term Affirmative action steps that are taken for the purpose of eliminating the present effects of past discrimination Office of Federal Contract Compliance Programs OFCCP implements the executive orders and ensures compliance of federal contractors women still earn about 70 as much as men in similar jobs Age Discrimination in Employement Act of 1967 Prohibits arbitrary age discrimination and specifically protects individuals over 40 years old Vocational Rehabilitation Act of 1973 requires federal contractors to take affirmative action for disabled persons Pregnancy Discrimination act of 1978 an amendment to Title VII of the Civil Rights Act that prohibits sex discrimination based on pregnancy child birth or related medical conditions Uniform Guidelines Guidelines issued by federal agencies charged with ensuring compliance with equal employment federal legislation explaining recommended employer procedures in detail Griggs v duke power company sued on behalf of wilie griggs was said that he needed a high school degree which resulted in more blacks not being hired griggs won protected class persons such as minorities and women protected by equal opportunity laws including Title VII Civil Rights Act of 1991 The act that places the burden of proof back on employers and permits compensatory and punitive damages Burden of Proof what the plaintiff must show to establish possible illegal discrimination and what the employer must show to defend its actions Mixed motives Case a discrimination allegation case in which the employer argues that the employment action taken was motivated not by discrimination but by some nondiscriminatory reason such as ineffective performance Americans with disabilities act requires employers to make reasonable accommodations for disabled employees it prohibits discrimination against disabled persons qualified individuals under ADA those who can carry out the essential functions of the job Uniformed Services and Employment and Reemployment Rights Act employers are generally required among other things to reinstate employees returning from military leave to positions comparable to those they had before leaving Genetic Information Nondiscrimination Act of 2008 prohibits discrimination by health insurers and employers based on people s genetic information Specifically it prohibits the use of genetic information in employment prohibits the intentional acquisition of genetic information about applicants and employees and imposes strict confidentiality requirements Federal Violence Against Women Act of 1994 the act that provides that a person who commits a crime of violence motivated by gender shall be liable to the party injured Vocational Rehabilitiation act of 1973 requires affirmative action to employ and promote qualified handicapped persons and prohibits discrimination against handicapped persons Vietnam Era Veterans Readjustment Assistance Act of 1974 Requires affirmative action in employment for veterans of the Vietnam War era Ward Cove v Atonio Made it more difficult to prove a case of unlawful discrimination against an employer Three ways to prove sexual harassment Quid pro quo to prove that rejecting a supervisor s advances adversely affected what the EEOC calls a tangible employment action such as hiring firing promotion demotion and or work assignment Hostile Environment Created by Supervisors Hostile Environment Created by Coworkers and Nonemployees Meritor Savings Bank FSB vs Vinson endorsed the EEOC s guidelines on sexual harassment Disparate Rejection Rates a test for adverse impact in which it can be demonstrated that there is a discrepancy between rates of rejection of members of a protected group and of others 4 5ths rule federal agency rule that a minority selection rate less than 80 4 5ths of that for the group with the highest rate is evidence of adverse impact Restricted Policy Another test for adverse impact involving demonstration that an employer s hiring practices exclude a protected group whether intentional or not Bone Fide Occupational Qualification Requirement that an employee be of a certain religion sex or national origin where that is reasonably necessary to the organization s normal operation Specified by the 1964 civil rights act Alternative dispute resolution or ADR program Grievance procedure that provides for binding arbitration as the last step Tokenism when a company appoints a small group of women or minorities to high profile positions rather than more aggressively seeking full representation for that group Good faith effort strategy An affirmative action strategy that emphasizes identifying and eliminating the obstacles of hiring and promoting women and minorities and increasing the minority or female applicant flow 01 19 2016 01 19 2016