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LAW 3220: FINAL - EMPLOYMENT DISCRIMINATION
Important historical movement laws
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Equal pay act (1963)- create equal wages between males and females
EEOC (equal employment opportunity commission)- created to enforce ALL
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Title VII: Protected Classes
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Race
Color
Religion (reasonable accommodation)
Sex (does not apply to preference or identity)
National origin (unless job requirement, safety, etc.)
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Reverse discrimination
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Preferential treatment to members of a protected class
= illegal
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McDonald vs. Santa Fe Trail
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African American employee reprimanded, but kept job, white man was fired.
THIS IS ILLEGAL under title VII
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Can a company tell employee to not wear religious garments?
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Yes and no. If there is a strict dress code or look they can. If NOT they are not allowed to.
Sometimes exceptions in extreme cases (safety, etc.)
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Can an employer tell a religious worker to work on their religious holiday?
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No, but if they can make low cost accommodations to switch then this is an opportunity
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Equal employment with global operations
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Foreign citizen + foreign company in U.S. = EE laws apply
US company + US citizen in foreign country = laws apply
US company + another country's citizen in foreign country = NOT APPLY
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Pregnancy discrimination
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Cannot discriminate against women because of pregnancy, childbirth, or related medical conditions.
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Examples of pregnancy discrimination
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Denying a woman a job because she is pregnant
Required a women to take a leave, if she can still do work
Fringe benefits: such as health insurance, that discourages women of childbearing age from working
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2 types of sexual harassment
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Quid Pro Quo
Hostile environment
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Quid Pro Quo
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Purpose: To promote, change condition of employment, salary, place on project, etc.
*Submission is the basis for the employment decision.
Promise of reward or threat of punishment in exchange for sexual favors.
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Hostile Environment
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Commenting on appearance, discussing sexual activities, unnecessary gestures or language.
Displaying sexually suggestive pictures. Trivial instances do not qualify as harassment
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Boss's email
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Employer is NOT liable for moving someone after they send unwanted email to another female worker
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Harris v. Forklift Systems
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Woman gets insulted by her manager, who insults her in front of other, makes sexual suggestive comments, talk about sexual themes, etc.
She sues, at first courts say there is no sexual harassment. US Supreme Court = employee's psychological well-being is relevant to determine if environment is hostile.
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Construction discharge
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Self discharge because of what they are doing to you
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Oncale vs. Sundowner (reverse and same-sex discrimination)
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Man sued because he suffered verbal and physical abuse of sexual nature by other male workers. Same sex harassment is ILLEGAL.
"Reasonable person" standard - would they find this hostile and abusive?
Rough housing and teasing are not illegal**
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Age discrimination: You cannot...
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Force retire
Require physical exams to older workers for continued employment
Indicate age preference in advertising jobs (i.e.: "new grad" or "young"
Choose a younger worker because an older one will retire
Cut health-care for older workers because eligible for medicaid
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Discrimination based on military service
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Illegal for an employer to DENY employment, reemployment, retention in employment, promotion, or any benefit of employment.
If they get back from war and come back and employer says the position is no longer available = ILLEGAL
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Bringing a discrimination charge
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What happens after investigation to bring a suit? If no settlement EEOC informs parties result of investigation.
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Costco worker sued for getting fired
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She was fired because she refused to cover up her tattoos and piercings. She sued for religious discrimination. At first held.
However, Costco has the right to have a dress code, and have workers "reasonably professional in appearance" SHE LOST. Outrageous dress code
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Lewis v. Heartland Inns of America LLC (secretary job)
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Secretary did not have the "look" and had been previously promoted. After the boss saw her, they did a second interview and fired her. Won eventually on sex discrimination and retaliation.
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Ellerth vs. Burlington Industries (hostile environment)
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Ellerth worked in sales and a manager made sexually offensive remarks, and made threats to deny her her job. She never refused his advances and told nobody. Sued for quid pro quo --> this was hostile environment.
She is in trouble because she did not say "no" and she also did not tell anyone, need to be strong to have a case
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Effective company policy on protection of discrimination and harassment
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To claim that employees failed to take advantage of in-house protections. Must have credible programs implemented.
Trust worthy program, secure process, knowledgable person in place.
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EEOC vs. Dial Corp.
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Process had workers lifting 35lbs. of sausage and had injuries. So they screened a strength ability test to demonstrate they could do it. Women went from 50% to 15% hire. EEOC brought suit.
Unintentional but Discriminatory act!
Dial lost, did not demonstrate was a "business necessity". Was inappropriate test
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Affirmative action programs
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Adopted ONLY on race or sex (not color, religion, age, etc.)
Courts may require this as remedy in discrimination case
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