Clemson LAW 3220 - Chapter 16 Employee Discrimination

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04 15 2015 April 15th Chapter 16 Employee Discrimination Test 3 is chapters 11 16 final exam bring 2 scantrons I Laws Deal with hiring promoting training and treatment of employees Equal Pay Act of 1963 federal Prohibits discrimination in the workplace based solely upon sex of employee If people are doing the same job the same work they should be paid the same regardless of sex Differences in pay is allowed if those difference account for merit seniority expertise etc Title VII of the 1964 Civil Rights Act o Only applies to employers with 15 or more workers o Makes it illegal to discriminate with regard to hiring promoting training compensating work privileges based upon race color religion sex gender only not orientation or national origin o Treat people equally from the hiring to the firing o Has been amended several times still doesn t include homosexuals o A HUGE federal law Some states have acts and laws that go further than this prohibiting discrimination based on sexual orientation o Applies to both public and private sector o Can t discriminate based on religion means employer must make reasonable accommodations for employees who need to perform religious activity o Also applies to employees working abroad on a US payroll These employees are also subject to the laws in place in the country they re working in Most European countries are less rigid in protecting against discrimination than the US Pregnancy Discrimination Act federal o Employer can t discriminate against women either because they re pregnant plan to be pregnant or have a medical condition related to childbearing II Discrimination Complaint Process Sexual Harassment o Includes a broad range of things like unwanted advances requests for sexual favors inappropriate comments Workplaces must have policies addressing this Age Discrimination and Protection Act o Prevents discrimination against people over 40 o Illegal to discriminate against anyone based on their genetic information Has no threshold applies to all employers You file the complaint with the Equal Employment Opportunity Commission either by mail or in person You normally have to file within 180 days of the alleged discrimination Most state laws allow up to 300 days The EEOC investigates the complaint May want to interview you other employees and your employer They can dismiss the complaint if they decide there s no case If the person still thinks there was discrimination they can bring it to court The EEOC exists to try to If it looks like there is a case of discrimination than the burden shifts to the employer to come with a nondiscriminatory reason for why they took the action they did The EEOC then needs to decide based on the facts who they believe EEOC may try to settle your dispute through mediation Might offer a settlement to the parties If the settlement doesn t work the EEOC will issue its findings As part of this they normally issue a right to sue letter This means that if either party isn t happy with the findings then they have a right to sue in federal or state court The employee employer and the EEOC can bring a case to court Forms of Discrimination o Constructive discharge the work environment became so hostile discriminatory that you felt forced to quit Two major categories for claims o Disparate treatment arises when you can show that your employer intentionally discriminated against you Disparate impact unintentional discrimination but the impact of the employer s actions were not neutral Matters to the extent of the damages unintentional will have significantly less damages than intentional o The employer is not allowed to take retaliatory actions against employees who are expressing their rights Ought to have a clear and expressed policy in place regarding discrimination aren t allowed o Policy should explicitly state what discriminatory actions o Should outline a process for what will happen if someone feels as if they ve been discriminated against o Policy should be posted around the workplace where employees can see it III Statutory Defenses Under Title VII Business necessity often there are certain levels of experience seniority or skill requirements needed for a person to be hired promoted Professionally Developed Ability Tests best that these tests are developed by 3rd parties and if they re a good predictor of who is going to be good at a certain job A lot of employers have people in the interview process take aptitude tests and will hire those with the best scores Seniority of Merit Systems a lot of times promotions and benefits are based on seniority Termination decisions might be based on lack of seniority Bona Fide Occupational Qualification says that employment discrimination is permitted in certain decisions ex you re hiring a model for female clothes so you won t hire a man You re hiring a counselor for a girl s camp so you won t hire a man Etc IV Remedies in Discrimination Cases Voluntary Retirement Incentives things like early retirement programs Law says these can exist for those above a certain age in case the business is slowing down and needs to downsize It s not considered discrimination by not offering these plans to younger people Is voluntary so older people who are probably paid more can t file a lawsuit saying that s why the company wants to get rid of them If the person was terminated constructively or fired the court will first look at giving backpay pay from the time of termination to the trial Forward looking pay have you found been looking for another job The court will have the employer make payments to you they ll decide how much probably not 100 of paycheck for as long as the court sees fit to keep you going until you find a job Compensatory damages medical costs usually not physical but could be mental like for counselors that helped them get through the stressful situation Attorney s fees if an employer is found guilty of discrimination the court can make the employer pay the attorney fees Punitive damages ones intended to punish the employer to encourage them not to engage in that type of conduct again How bad severe was it how many employees were involved what is the employer s track record These factors will help the court decide how much to order V Affirmative Action Can be either voluntary on the employer s behalf or ordered by the EEOC or a court It s a process where an employer tries to remedy what appears to be past cases of discrimination o You look at the number of employees of a


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Clemson LAW 3220 - Chapter 16 Employee Discrimination

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