BCOR 3000 Chapter 25 BCOR 3000 Chapter 25 Professor Michael Maciszewski Professor Michael Maciszewski Esquire Esquire November 17 2015 and November 19 2015 November 17 2015 and November 19 2015 Agenda Agenda Employment Discrimination and Diversity Employment Discrimination and Diversity Introduction Introduction Title VII of the Civil Rights Act of 1964 Title VII of the Civil Rights Act of 1964 Intentional and Unintentional Discrimination a a Intentional and Unintentional Discrimination b b Discrimination Based on Race Color and National Origin Discrimination Based on Race Color and National Origin c c Discrimination Based on Religion Discrimination Based on Religion Discrimination Based on Gender d d Discrimination Based on Gender e e Constructive Discharge Constructive Discharge Sexual Harassment f f Sexual Harassment g g Remedies under Title VII Remedies under Title VII Discrimination Based on Age Discrimination Based on Age Discrimination Based on Disability Discrimination Based on Disability Defenses to Employment Discrimination Defenses to Employment Discrimination Affirmative Action Affirmative Action 1 1 2 2 3 3 4 4 5 5 5 5 Introduction Introduction What is employment discrimination Employment discrimination unequal treatment of employees or job applicants on the basis of race color national origin religion gender age or disability Introduction Introduction Civil Rights Movement of 1960s led to a body of law protecting employees against discrimination in the workplace Statutes judicial decisions common law and administrative agency actions which restrict employers from discriminating against workers on the basis of race color religion national origin gender age or disability Protected Class a group of persons protected by specific laws because of the group s defining characteristics You don t have to be a minority to be in a Focuses on a group that is subject protected class e g women to discrimination Title VII of the Civil Rights Act of Title VII of the Civil Rights Act of 1964 1964 Title VII of the Civil Rights Act of 1964 federal statute which prohibits discrimination against employees applicants and union members on the basis of race color national origin religion or gender at any stage of employment Applies to employers with 15 or more employees and labor unions with 15 or more members Prohibits both intentional and unintentional discrimination Title VII of the Civil Rights Act of Title VII of the Civil Rights Act of 1964 cont d d 1964 cont Equal Employment Opportunity Commission EEOC monitors compliance with Title VII A victim of an alleged discrimination must file a claim with EEOC before bringing a lawsuit against the employer May investigate claim and try to arrange out of court settlement behalf May even file lawsuit against employer on employee s If EEOC decides not to investigate claim employee may Does not investigate every claim regardless of bring his or her own lawsuit against the employer merits of claim Generally only investigates priority cases Retaliatory discharge firing an employee in retaliation for submitting a claim to the EEOC Cases involving types of discrimination that are of particular concern to the EEOC Title VII of the Civil Rights Act of Title VII of the Civil Rights Act of 1964 cont d d 1964 cont INTENTIONAL DISCRIMINATION Disparate Treatment Discrimination form of employment discrimination that results when employer intentionally discriminates against employees who are in protected classes Because intent can be difficult to prove courts have established certain procedures for resolving these cases Title VII of the Civil Rights Act of Title VII of the Civil Rights Act of 1964 cont d d 1964 cont INTENTIONAL DISCRIMINATION Example of Disparate Treatment Discrimination case Rhonda applies for employment with construction firm and is She sues on the basis of disparate treatment discrimination rejected in hiring She must prove 1 2 3 4 the position or in a protected class She is a member of a protected class She applied and was qualified for the job She was rejected by the employer The employer continued to seek applicants for filled the position with a person not If she can prove those she has made out a prima facie case at first sight it is presumed to be true unless contradicted by evidence Title VII of the Civil Rights Act of Title VII of the Civil Rights Act of 1964 cont d d 1964 cont UNINTENTIONAL DISCRIMINATION Disparate Impact Discrimination form of employment discrimination that results from certain employer practices or procedures that although not discriminatory on their face have a discriminatory impact Protected group of people is adversely affected Plaintiff must first show statistically that the employer s practices procedures or tests are discriminatory in effect Once plaintiff has made out a prima facie case the burden of proof shifts to the employer to show that the practices or procedures in question were justified There are 2 ways of proving a disparate impact discrimination case Pool of applicants Rate of hiring Title VII of the Civil Rights Act of Title VII of the Civil Rights Act of 1964 cont d d 1964 cont UNINTENTIONAL DISCRIMINATION 2 ways of proving a disparate impact discrimination case Pool of Applicants A plaintiff can prove a disparate impact by comparing the employer s workforce to the pool of qualified individuals available in the local labor market To establish prima facie case plaintiff must show 1 As a result of educational or other job requirements or 2 The percentage of nonwhites women or members of procedures protected classes in the 3 Does not reflect the percentage of that group in the pool qualified applicants hiring other employer s workforce of Title VII of the Civil Rights Act of Title VII of the Civil Rights Act of 1964 cont d d 1964 cont UNINTENTIONAL DISCRIMINATION 2 ways of proving a disparate impact discrimination case Rate of Hiring Plaintiff can prove a disparate impact by comparing When a job requirement or hiring procedure excludes selection rates of whites and nonwhites or members of another protected class members of a protected class from an employer s workforce at a substantially higher rate than nonmembers discrimination is said to occur regardless of the racial balance in the employer s workforce Title VII of the Civil Rights Act of Title VII of the Civil Rights Act of 1964 cont d d 1964 cont DISCRIMINATION BASED ON RACE COLOR NATIONAL ORIGIN If an employer s standards for selecting