Chapter 3 Equal Employent Opportunity I Laws Affecting Discriminative Practices a Civil Rights Act of 1866 on race in employment public facilities and education illigeal to discriminate based on i Title 7 b Civil Rights Act of 1964 Federal law that prohibited discrimination based Outlawed Racial segregation and discrimination 1 Based on 2 Race 3 Religion 4 Color 5 Sex 6 National origin 7 Discrimination in hiring promotion dismissal benefits compensation also retaliation against charges 8 For companies 15 more people granted enforcement ii Griggs v Duke Power SC Case decision that tests must fairly iv Equal Employment Opportunity Commission measure the knowledge of skill rewuired for a job iii Equal Employment Opportunity Act EEOA power to the equal opportunity commission the arm of the federal government empowered to handle discrimination in employment cases a practice in organizations that goes beyond v Affirmative Action discountinuance of discriminatory practices to include actively seeking hiring and promoting monitoring groups results in a greater rejection rate for a minority group than for the majority group in the occupation c Age Discrimination and Employment Act ADEA A consequence of an employment practice that arbitrary age discrimination particularily among those over age 40 based on pregnancy extends EEO coverage to include most forms of disability requires employers to make reasonable accommodations and eliminates post job offer medical exams e Americans with Disability act of 1990 ADA d Pregenancy Discrimination act of 1978 law prohibiting discrimanaiton vi Adverse Impact this act prohibits i Resonable Accomidations qualified workers with disabilities to perform their jobs changes to the workplace that allow further strengthened the 1964 act f Civil Rights Act of 1991 g Family Medical Leaave act of 1993 unpaid leave for family reasons h Uniformed Services Employment and Reemployment Rights act of 1994 clarifies and strengthens the rights of veterans to return to their jobns in the private sector whn they return from military service employees can take up to 12 weeks on II Determining Potential Discriminatory Practices geographic areas a 4 5ths Rule a rough indicator of discrimination this rule requires that the number of minority members a company hires must equal at least 80 of the majority members in the population hired policy that is biased b Restricted Policy i Firing or layoffing old people and hiring recent college grads need to look at a qualified pool in varying c Geographic Comparrison d Mcdonnel Douglas Test 4 components must exhist to have a case Individual is a member of a protected group Individual applied for a job for which he or she was qualified Individual was rejected i ii iii iv After rejecting the person the enterprise continued to seek other practices with similar qualifications e Responding to a charge i Bona Fide Occupational Qualification BFOQ that are reasonably necessary to meet the normal operations of that business or enterprise Job requirements 1 cannot be used for race or color 2 used to say that the person was fired because there interfeared with the role of the job ii Seniorority System are made on the basis of an employees seniority or length of service decisions such as promotions pay and layoffs III Enforcing Equal Opportunity Employment a Role of the EEOC i EEOC will notify company ii EEOC will write the company of its findings within 120 days iii If there is a problem the EEOC will meet with management to settle problem iv Will set up a more formal meeting v Will file in court IV Sexual Harassment a Quid Pro Quo b Hostile Environment Harassment the workplace that interfere with the ability to work This for that Sex for a condition of employment offensive and unreasonable situations in
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