Business law essay questions
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Chapter19.pptCHAPTER 19
EMPLOYMENT DISCRIMINATION
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© 2014 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.
QUOTES OF THE DAY
“I wouldn’t want to live unless I could work for a living.”
-- Erle Stanley Gardner
mystery writer, creator of Perry Mason
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© 2014 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.
EQUAL PAY ACT OF 1963
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- Employee may not be paid at a lesser rate than employees of the opposite sex for equal work
- Equal work: Tasks that require equal skill, effort, and responsibility under similar working conditions
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TITLE VII OF CIVIL RIGHTS ACT OF 1964
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- Title VII
- Illegal for employers with 15 or more employees to discriminate on the basis of race, color, religion, sex, or national origin
- Prohibited activities
- Disparate treatment
- Step 1—Plaintiff presents evidence that:
- He belongs to a protected category
- He was treated differently from other similar people who are not protected
- Prima facie: From Latin, meaning “from its first appearance,” something that appears true upon first look
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DISPARATE TREATMENT
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Step 1—Plaintiff must show that:
He is 40 or older.
He suffered an adverse employment action.
He was qualified for the job for which he fired or not hired.
Replaced by younger person.
Step 2—Employer must present evidence that its decision was based on legitimate, nondiscriminatory reasons
Step 3—Plaintiff must show that employer’s reasons are a pretext and that the employer intentionally discriminated.
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DISPARATE IMPACT
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Step 1—Plaintiffs must present a prima facie case that employment practice excludes a number of people 40 and older
Step 2—Employer wins if decision was based on “reasonable factor other than age”
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HOSTILE WORK ENVIRONMENT
- Employers violate Title VII if they permit a work environment that is so hostile toward people in a protected category that it affects their ability to work.
- This concept of hostile environment first arose in the context of sexual harassment.
- Categories are quid pro quo and hostile work environment.
- Other contexts are based on race and national origin.
© 2014 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.
© 2014 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.
RETALIATION
- Title VII also prohibits employers from retaliating against workers who oppose discrimination, bring a claim under the statute, or take part in an investigation or hearing.
- Retaliation means that the employer has done something that would deter a reasonable worker from complaining about discrimination.
© 2014 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.
© 2014 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.
TITLE VII REQUIREMENTS
- Religion
- Employers cannot discriminate against a worker because of his religious beliefs
- Family responsibility discrimination
- Family responsibility discrimination is a violation of Title VII if it involves men and women being treated differently
© 2014 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.
© 2014 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.
TITLE VII REQUIREMENTS (CONT’D)
- Sexual orientation
- Half the states and hundreds of cities have statutes that prohibit discrimination based on sexual orientation
- Gender identity
- Discriminating against someone for being transgender is a violation of Title VII
© 2014 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.
© 2014 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.
DEFENSES TO CHARGES OF DISCRIMINATION
- Merit
- Defendant is not liable if he shows that the person he favored was the most qualified
- Seniority
- Legitimate seniority system is legal even if it perpetuates past discrimination
© 2014 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.
© 2014 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.
DEFENSES TO CHARGES OF DISCRIMINATION
- Bona fide occupational qualification (BFOQ):
- Employer is permitted to establish discriminatory job requirements if they are essential to the position in question
- Employers consider customer preference in such situations
- Safety
- Privacy
- Authenticity
© 2014 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.
© 2014 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.
DEFENSES TO CHARGES OF DISCRIMINATION
- Affirmative action: Goal is to remedy the effects of past discrimination
- Sources
- Litigation
- Voluntary action
- Government contracts
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© 2014 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.
PREGNANCY DISCRIMINATION ACT
- An employer may not fire, refuse to hire, or fail to promote a woman because she is pregnant
© 2014 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.
© 2014 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.
AGE DISCRIMINATION ACT
- An employer with 20 or more workers may not fire, refuse to hire, fail to promote or otherwise:
- Reduce a person’s employment opportunities because he is 40 or older
- Plaintiff can show discrimination in:
- Disparate treatment
- Disparate impact
- Hostile work environment
© 2014 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.
© 2014 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.
AMERICANS WITH DISABILITIES ACT
- Disability
- Disabled person is:
- Someone with a physical or mental impairment that substantially limits a major life activity
- Someone who is regarded as having such an impairment
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© 2014 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.
AMERICANS WITH DISABILITIES ACT
- Accommodating the disabled worker
- Reasonable accommodation—Employers are expected to:
- Make facilities accessible
- Permit part-time schedules
- Acquire or modify equipment
- Assign a disabled person to an open position that he can perform
- Can perform essential functions of the job
- Accommodation is not reasonable if it would create undue hardship for the employer
© 2014 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.
© 2014 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.
AMERICANS WITH DISABILITIES ACT
- Medical exams—Three stages
- With applicants, employer may not require medical exam, interviewer may ask:
- Whether an applicant can perform the work
- Applicant to demonstrate the work
- What accommodation applicant would need
© 2014 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.
© 2014 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.
AMERICANS WITH DISABILITIES ACT
- With entering employees, medical test must be:
- Required of all employees
- Treated as confidential
- With existing employees, medical exam are required to determine:
- If a worker is still able to perform the existing functions of the job
© 2014 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.
© 2014 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.
AMERICANS WITH DISABILITIES ACT
- An employer may not discriminate against someone because of his relationship with a disabled person
- Physical and mental abilities are to be treated the same
- Disparate treatment and disparate impact
- Hostile work environment
© 2014 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.
© 2014 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.
GENETIC INFORMATION NONDISCRIMINATION ACT
- Employers with 15 or more workers may not require:
- Genetic testing or discriminate against workers because of their genetic makeup
- Health insurers may not use such information to decide coverage or premiums
© 2014 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.
© 2014 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.
HIRING PROCESS
- The hiring process is an easy place for employers to wrong. Here are pitfalls to avoid.
- Interviews
- Know what questions to not even consider asking and what questions are ok to ask.
- Social Media
- Searches of social media can provide information that it is illegal for employers to act on.
© 2014 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.
© 2014 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.
ENFORCEMENT
- The EEOC is the federal agency responsible for enforcing the Equal Pay Act, Title VII, the Pregnancy Discrimination Act, the ADEA, the ADA, and GINA.
- Before a plaintiff can bring suit under one of these statutes, she must first file a complaint with the EEOC.
© 2014 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.
© 2014 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.
The statutes in this chapter have changed America—it is far different now from what it was when Sandra Day O’Connor first looked for a job. People are more likely to be offered employment because of their efforts and talents rather than their age, appearance, faith, family background, or health.
© 2014 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.
© 2014 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.
