BUSFIN 3500 Chapter 17 11 19 2012 Equal Employment Opportunity Study Disparant Treatment and Disparant Impact Models Employee can avoid all problems by not discriminating o If avoided as an executive you have will have no problems Individual point of view o If you are discriminated against you do not have to take it anymore file with equal opportunity commission and you get a free investigation o If there is a problem Settle Bring lawsuit Right to sue letter There is no one statute that outlaws discrimination o There are actually a few statutes that address parts of discrimination Need to look at chart from beginning of chapter MIxed Motives o Both Discriminatory motives and Innocent motives o Remedy Employer must prove they would have made the same decision no matter what The concept of discrimination o Discrimination in any employment decision is illegal Includes hiring firing promotion job assignment training programs compensation and similar decisions o Simply prohibits an employer from using membership in a protected class as a basis for an employment decision o Two type Disparate treatment three parts Model in book Phase one is first group of numbers keep following for When an employer union or emolument agency treats one employee less favorable than another because of race sex religion national origin age or disability Intentional discrimination Focus on motive Plaintiff can use o Show that he or she belonged to a protected class Everyone is o Applied and was qualified for a job for which the employer was seeking applicants o Was seeking applicants with similar qualifications Defendant must have valid reason for action Defendant can attack o Plaintiff s bias or misuse of statistics o Probative value Plaintiff must prove o Defendants action was motivated by race Defendant must prove o They would have done same action without race affect Story o Waiter doesn t get job o Wants to sue via discrimination on sexual orientation o Law does not prohibit discrimination on sexual orientation o Cannot sue McDonald Douglas vs Greene o Greene part of union and chained himself to gate to McDonald Douglas factory fence o Greene had sign that said McDonald discriminated against blacks o Strike ends Greene fired o Greene sues based on discrimination o Phase 1 Greene part of protected class Greene had qualifications Greene was rejected o Reasonable amount of discrimination has arisen Phase 2 employer give legitimate non discriminatory reason Greene was fired because of disloyal behavior during strike o Phase 3 Bullshit Phase where plaintfill proves what was said Disparate Impact by defendant is wrong Pg 503 Second Paragraph Phase 1 sentence 1 Phase 2 sentence 2 Phase 3 sentence 3 When the criteria systematically excludes members of a protected class Subtle discrimination Should intent be required from job opportunities Discrete discriminator Good intentions do not justify bad results What is the impact What is the employers effect Can they justify this policy Phase 1 Burden on Plaintiff o Protected Class o Phase 2 Buden on Defendant o Job Related o Business Necessity Phase 3 Burden on Plaintiff done o Prove there is a less discriminatory action to get the same job Smith vs City of Jackson Mississippi o Police officers pay raise o Officers with over 5 years experience got smaller pay raise o Officers with over 5 years experience were mostly 40 o Judgment was that Jackson Mississippi made the decision based on a reasonable factor other than age that responded to the city s legitimate goal of retaining police officers Exceptions The Bona Fide Occupational Qualification o Statutory exception to employment practices that might otherwise violate Title VII or the Age Discrimination in Employment Act o Allows employer to discriminate in its hiring where religion national origin sex or age is a bona fide occupational qualification reasonable necessary to the normal operation of the business o Does not apply to racial discrimination o Must prove others would undermine business operation o United Auto Workers vs Johnson Controls INC Johnson Controls manufactured automobile batteries Johnson Controls prohibited fertile women from working in jobs where they would be exposed to lead Supreme court established there was no BFOQ and united auto workers win case Professionally Developed Ability Tests o A test is considered discriminatory if it results in a selection rate for one race sex religion or national origin that is less than four fifths of the selection rate for another Criterion validity Statistical relationship between performance on the test and an objective indicator of job performance Study comparing test scores to the specified measure of performance Content validity Construct validity Test representatively samples a function of the job Test indicates a psychological trait required for the job Seniority Systems o In Teamsters v United States the Supreme Court held that a seniority system can be bona fide even though it perpetuates the effects of pre act discrimination Special Problems Involving Equal Employment Opportunity Affirmative Action o Employs might voluntarily adopt affirmative action plans that give preference to minority employees o After finding that an employer has discriminated against minorities a court might require the employer to take affirmative action o To have Affirmative Action Needs to be disparity Needs to be temporary Plan must not hurt rights of non minority Firing whites to hire blacks would be hurting rights o Used in hiring and promotions not discharge and firing o Often labeled as a system with quotas Not true establish goals As long as employer is making good faith effort to follow meet goals then they ar not violating the plan o Strategic Planning for hiring minorities o United Steel Workers vs Webber Blackburn Preventing Liability For Sexual Harassment Powerpoint o Pgs 509 to 511 o Sexual Harassment Violates Title VII of the Civil Rights Act Can have racial harassment religious harassment Age harassment National Origin harassment and so on EEOC Guidelines Unwelcome sexual conduct that is a term of condition of employment Types of Sexual Harassment Quid Pro Quo That for which o Means Screw me or lose your job Hostile Environment o Reasonable Person Standard o Harris v Forklift Opening paragraph Goes to more than sexual harassment Goes to meaning of this whole part of law Beyond technicalities o What you see here is a statement to what the law needs o How