Employment Law Final Exam Study Guide NJALD Title VII of the Civil Rights Act of 1964 ADA ADEA New jersey Law Against Discrimination NJLAD What is discrimination Treating someone differently because of some characteristic Has to be intentional discrimination Disparate treatment Prevents employers from subjecting employees to hostile work environments and disparate unfavorable treatment based on the employees protected class race gender age disability national origin color religion marital status or sexual orientation Combined all these acts ADA ADEA etc Title VII federal statute protects everybody in America Six protected characteristics Race color national origin religion sex and gender Ex gender discrimination he s not being a man he talks very feminine o Sex discrimination fire someone because they are a woman don t hire someone because they are not a man different salaries based on sex o Color discrimination in certain cultures the color of ones skin can be used as discrimination ADA Americans with Disabilities Act 1990s Title I of the ADA Prohibits employers state and local governments employment agencies and labor unions from discriminating against qualified individuals with disabilities Covers employers with 15 or more employees An individual with a disability is a person who o Has a physical or mental impairment that substantially limits one or more major life activities o Has a record of such an impairment o Is regarded as having such an impairment An employer is required to make a reasonable accommodation to the known disability of a qualified applicant or employee if it would impose an undue Hardship on the operation of the employers business Undue hardship an action requiring significant difficulty or expense when considered in light of factors such as an employers size financial resources and the nature and structure of its operation Title I of ADA also covers Medical examinations and inquiries medical examinations of employers must be job related and consistent with the employers business needs Drug and Alcohol Abuse an employee or applicant currently engaging in illegal drug use are not covered by the ADA o Employers may hold illegal drugs users and alcoholics to the same performance standards as other employees ADEA Age Discrimination in Employment Act Protects individuals who are 40 or older It is unlawful to discriminate against a person because of his her age with respect to any term condition or privilege of employment hiring firing promotion layoff etc Applies to employers with 20 or more employees including state and local governments ADEA protections include o Apprenticeship programs o Job notices and advertisements unlawful to include age preference o Pre employment inquiries employers may ask age but only for lawful purpose o Benefits employers are prohibited from denying older employees benefits How do you prove discrimination Has to be a comparison McDonnell Douglas Corp v Green Supreme court articulated the standard for establishing a prima facie case in racial discrimination cases when direct evidence is lacking Green is an African American male who was laid of from McDonnell Douglas He was protesting he is in a union and was old enough to get job with McDonnell Douglas but they didn t hire him because he got arrested not hiring him because of criminal record not because he s black He files a law suit under title VII Can use as basis for discrimination Modified McDonnell Douglas Framework Stage 1 Prima Facie Stage At first look the face of it Four elements 1 Employee plaintiff belongs to a protected characteristic 2 Plaintiff must show that he is qualified for the position 3 Plaintiff must show that despite his qualifications plaintiff suffered an adverse employment consequence not getting hired getting fired promotion move to a different branch etc 4 Members that are not of plaintiffs protected class did not suffer the adverse employment consequence Stage 2 The employer s mere burden of production The employer does not need to satisfy anything all they have to do is merely produce a legitimate nondiscriminatory reason Stage 3 The employee s ultimate burden of persuasion This is where the fight comes to a head between employer and employee Two Elements 1 Employee must show with a preponderance of evidence that the employer s proffered reason in stage 2 is false and or pretext pretext means a cover up a fake reason and 2 For the real reason which is intentional discrimination Ex Fact pattern EEOC NJDCR National Origin Discrimination English only Cases Agencies created by congress mini governmental institutions Ex EPA is an administrated agency identified by congress as having a lot of expertise in environmental factors Title VII ADA and ADEA all require that an individual exhaust administrative remedies by first filing a discrimination charge with the Federal Equal Employment Opportunity Commission Equal employment opportunity commission EEOC Experts in dealing with employee discrimination 180 days to file a charge with the EEOC What happens after you file charge with the EEOC They notify the complainants employer that a charge has been filed and investigation ensues usually 90 days o If they conclude no violation law occurred they dismiss complaint Called the no probable cause determination if they dismiss charge the complainant will receive a right to sue letter and be notified that he she has 90 days to file a lawsuit if they don t within 90 days they are barred from filing a lawsuit Charging party complainant Responding party respondent Arbitration agreement Schedule mediation bring in both parties and try to solve the matter What comes with decision letter The right to sue letter EEOC has been widely termed as the gate keeper to the civil courts for title 7 ADA ADEA They keep a record for how many people sue each company and how many times they come back with probable cause letter Division on Civil Rights An individual may file an administrative complaint with the NJLAD within 180 days from the alleged date of discrimination Once complaint is accepted they conduct an investigation o Determine whether or not probable cause exists to believe that unlawful discrimination has occurred o If probable cause is issued the case will be transmitted to the office of administrative law where a full hearing will take place before an Administrative Law Judge If you file claim with civil rights their decision is binding Investigation at DCRT level is