timeline for making profit: Investors will need an indication of when they expect some return on their investment so you need to provide some reasonable timelines of when that will be

116219621_Cheeseman_BLAW8e_Ch33_1.ppt

Home >Business & Finance homework help >Management homework help >timeline for making profit: Investors will need an indication of when they expect some return on their investment so you need to provide some reasonable timelines of when that will be

Chapter 33

Equal Opportunity in Employment

Civil Rights Act of 1964

Statutes that outlawed employment discrimination against certain classes
Providing equal opportunity in employment
Title VII of Civil Rights Act of 1964: Enacted to eliminate job discrimination based on race, color, religion, sex, and national origin

33-2

Scope of Coverage of Title VII

It applies to:
Employers with fifteen or more employees
All employment agencies
Labor unions with fifteen or more members
State and local governments and agencies
Federal government employment

33-3

Scope of Coverage of Title VII

Prohibits discrimination in hiring, promotion, compensation, dismissal, work rules, etc.
Disparate-treatment discrimination: Employer discriminates against a specific individual based on the person’s race, color, religion, sex, or national origin
Disparate-impact discrimination: Employer discriminates against an entire protected class

33-4

Remedies for Violations of Title VII

Successful plaintiff can recover:
Back pay and reasonable attorneys’ fees
Equitable relief, including reinstatement and seniority
Punitive damages for intentional discrimination

33-5

Race, Color, and National Origin Discrimination

Race discrimination: based on a person’s race
Color discrimination: based on a person’s color
National origin discrimination: based on a person’s heritage, cultural characteristics, or country of the person’s ancestors

33-6

Gender Discrimination

Discrimination based on gender
Prohibits discrimination where sexual favors are requested to obtain job or promotion
Pregnancy Discrimination Act: forbids discrimination due to pregnancy, childbirth, or related medical conditions

33-7

Sexual Harassment

Lewd remarks, touching, intimidation, posting of indecent materials, and other verbal or physical conduct of a sexual nature
Sexual harassment that creates hostile work environment violates Title VII
Same-sex harassment also violates Title VII

33-8

Sexual Harassment

Employer may defend by proving that:
He exercised care to prevent and correct any such behavior
Plaintiff-employee failed to take advantage of preventive or corrective opportunities provided by employer

33-9

Religious Discrimination

Discrimination based on a person’s religion or religious practices
Employer has to reasonably accommodate religious observances, practices, and beliefs of employees
Permits religious organizations to employ individuals of a particular religion

33-10

Defenses to a Title VII Action

Employers can select employees based on merit, which includes work, qualification, etc.
Employers maintain seniority system that reward long-term employees
Bona fide occupational qualification (BFOQ):
Discrimination based on protected classes other than race or color is permitted
Must be job related and a business necessity

33-11

Equal Pay Act

Protects both sexes from pay discrimination based on sex
Prohibits disparity in pay for jobs that require:
Equal skill
Equal effort
Equal responsibility
Similar working conditions

33-12

Criteria That Justify a Differential in Wages

Four criteria that justify a differential in wages:
Seniority
Merit
Quantity or quality of product
Any factor other than sex
Employer bears the burden of proving these defenses

33-13

Age Discrimination in Employment Act

Prohibits age discrimination practices:
Against employees who are 40 years and older
In all employment decisions, including hiring, promotions, compensation, etc.
With regard to employee benefits
Permits age discrimination where BFOQ is shown

33-14

Americans with Disabilities Act

Employers and providers of public transportation, telecommunications, and public accommodations must accommodate individuals with disabilities
Qualified individual with a disability: prohibits discrimination against individual who has physical or mental impairment that limits a major life activity, but can perform the functions of the job

33-15

Americans with Disabilities Act

Limits on employer questions: limits employer’s ability to inquire about an applicant’s disabilities
Reasonable accommodation for disability: employer is obliged to reasonably accommodate an individual’s disability, if it does not cause undue hardship on employer

33-16

Americans with Disabilities Act

Undue hardship: employers are not obligated to provide accommodations that impose an undue hardship on employer
Uncovered conditions: certain conditions of disability, like temporary impairments, and users of illegal drugs and alcohol are not covered by the act

33-17

Genetic Information Nondiscrimination Act

Prohibits discrimination against employees based on genetic information
Prohibits use of genetic information in making decisions, including hiring, promoting, providing benefits, etc.
Remedies for violation include corrective action and monetary fines

33-18

Affirmative Action

Affirmative action plan: job preferences given to minority groups and other protected-class applicants when making employment decisions
Legal, if narrowly tailored to achieve compelling interest
Reverse discrimination: discrimination against a majority group
Majority group may sue under Title VII

33-19

Protection from Retaliation

Prohibits employers from retaliating against employee for:
Filing a charge of discrimination
Participating in a discrimination proceeding
Acts of retaliation include dismissing, demoting, harassing, etc.

33-20

Case 33.2: U.S. Supreme Court Employer Retaliation

Case
Thompson v. North American Stainless, LP
131 S.Ct. 863, 178 L.Ed.2d 694, Web 2011 U.S. Lexis 913 (2011)
Supreme Court of the United States
Issue
Does Title VII permit third-party retaliation claims against an employer?

33-21

33-22