Assignment due 06/08/2021

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Welcome to BUL3130 – Business Law

June 5, 2021 – Class 4

Class Agenda

Welcome Message from Professor

Review of Syllabus and Where we are Headed

Discussion on Graded Assignments

Discussion on Final Group Project

Presentations from Groups on Video

Class Discussion on Chapter 5

Extra Credit Problems in Mind Tap

Next Steps and Next Class

BUL 3130 - Chapter 5

Diversity and Application to Business Law

Introduction to Equal Opportunity in Employment

  • Pre-Industrial Revolution:
  • Equal bargaining power

  • Post-Industrial Revolution:
  • Unequal bargaining power
  • Power shift to employers
  • Employment at-will arose

  • The Effect:
  • Enactment of federal legislation

Introduction (Cont’d)

  • The evolution of laws
  • Public Policy
  • Revisit the flexibility in the law

Case in Action

  • Schroer v. Billington, page 166
  • Let’s Review and Discuss the applicability
  • Do you agree with the result? Is this an ethics vs. law situation?

5-1: Civil Rights Act of 1964

  • General Rule: “Prohibits discrimination on the basis of race, color, religion, sex or national origin.”
  • Historical Perspective
  • Public Policy, flexibility in law, changing societal norms and values…..the law steps in to correct wrongs!!
  • Let’s take a look at subsequent laws that arose out of the passing of the Civil Rights Act of 1964.

5-1: Civil Rights Act of 1964

  • What effect does Title VII have in Employment?
  • Scope of Coverage of Title VII in Employment
  • Who can bring a Title VII Action:
  • US Citizens
  • Non-US Citizens?

5-1a: Sex and Race Discrimination

  • What is Sexual Harassment?
  • History of Sexual Harassment Laws
  • Congress in 1964
  • First set of lawsuits on sexual harassment
  • Equal Employment Opportunity Commission steps in …another example of changing times!!
  • Supreme Court now gets involved
  • Focus on Employer liability but on actions against whom?
  • Shift in protection
  • Now, back to employer liability – more scrutiny
  • Case law dictates who within a company is liable

5-1a: Sex and Race Discrimination (cont’d)
Proving a Hostile Work Environment

  • To prevail in any claim, a prima facie case must be shown.
  • What is a prima facie case
  • Elements, elements, elements!!!
  • After Prima Facie case is shown, what happens next?
  • If successful, does this mean no liability? No guilt?
  • Ethics vs. Laws

5-1a: Sex and Race Discrimination (cont’d)
Proving a Hostile Work Environment

  • “Quid Pro Quo” Situation
  • Sexual favors in exchange for something concrete such as a job or a raise
  • More Complex Situation: “hostile environment”
  • To Prove a Claim of “hostile environment, remember a prima facie case must be shown!

Member of a Protected Group

Subject of Unwelcome Sexual Harassment

Harassment Occurred because of type of Sex

Sufficiently severe or pervasive to alter terms of employment

5-1b: Religion

  • Remember Civil Rights Act of 1964 – no discrimination based on ???
  • Cases involving religion and national origin have seen a rise
  • EEOC Steps in on Religion!

Case in Action

  • Webb vs City of Philadelphia, page 181
  • Let’s Review and Discuss the applicability
  • Do you agree with the result?

5-1b: Religion

  • You are an HR Director! How do you handle:
  • Religious Attire
  • Religious Grooming
  • Dress Codes
  • Prayers during the day

5-1c: National Origin

  • Let’s look at some EEOC Guidelines as an Example: English only Workplace Rules
  • Is this legal or illegal?
  • If illegal, are there exceptions?

5-2a: Legislating Family Leave

  • Family Medical Leave Act of 1993
  • History
  • Public policy and the law again steps in!
  • Pregnancy Discrimination Act of 1978

5-2a: Legislating Family Leave – Family Medical Leave Act of 1993

Leave Requirements

a. 1. Entitlement to leave

[A]n eligible employee shall be entitled to a total of 12 workweeks of leave during any 12-month period for one or more of the following:

Because of the birth of a son or daughter of the employee and in order to care for such son or daughter.

Because of the placement of a son or daughter with the employee for adoption or foster care.

In order to care for the spouse, or a son, daughter, or parent, of the employee, if such spouse, son, daughter, or parent has a serious health condition.

Because of a serious health condition that makes the employee unable to perform the functions of the position of such employee.

Employment Law Hypothetical

  • A marketing firm is hiring 3 new employees. Their job duties entail developing new marketing plans and to appear at certain promotional events. After all the candidates are interviewed, the marketing firm selects 1 man and 2 women. All three candidates are shown to have equal qualifications, but the firm decides to pay the women substantially more than the males, citing the women are more likely to be more productive at their promotional events than the male (i.e. sex sells).

What Result???

Violation of the Equal Pay Act of 1963

  • Protects males and females from pay discrimination
  • Covers all private-sector and gov’t employees
  • Does not cover federal employees
  • Prohibits pay disparity for jobs that require:
  • Equal skill (i. e., equal experience),
  • Equal effort (i. e., mental and physical exertion)
  • Equal responsibility (i. e., equal supervision and accountability), or
  • Similar working conditions (e. g., dangers of injury, exposure to the elements).

Equal Pay Act of 1963 (Cont’d)

  • Remedies:
  • Back pay
  • Damages

  • Defenses to Equal Pay Act????
  • If yes, who has burden of proof

5-3a: Reasonable Accommodations of Disabled Workers

  • Americans with Disabilities Act of 1990

5-3a: Reasonable Accommodations of Disabled Workers

  • Imposes obligations of employers to accommodate persons with disabilities

  • Imposes obligations not to discriminate in hiring.

  • Applies only to qualified individuals with disabilities.
  • What constitutes a qualified person with a disbility
  • Who qualifies as disabled?

5-3a: Reasonable Accommodations of Disabled Workers

  • What constitutes forbidden conduct:
  • Asking a job applicant details about the injury?
  • Asking a job applicant about his/her ability to perform job related functions?
  • Pre-employment medical examinations before offering a job?
  • Medical examinations after a job offer has been accepted?

5-3a: Reasonable Accommodations of Disabled Workers

  • Procedure for making a ADA claim:
  • File a charge with the EEOC
  • Sue the employer individually if no EEOC action
  • Remedies:
  • An injunction, hiring or reinstatement (with back pay),
  • Payment of attorneys’ fees, and recovery of compensatory and/or
  • Punitive damages

Defenses to a Title VII Action

  • Merit

  • Seniority

  • Bona Fide Occupational Qualification (BFOQ)