Chapter 19

Sex Discrimination

Jobs that are predominately male/female do not really exist anymore

disparate treatment discrimination

(individuals) who believes he/she has been discriminated against in employment. That individual will have applied for a job, and you believe in all respects that you are qualified for the job. (education, work experience, etc.) Go to an interview, but never hear from the company again; you then look at the job description (which may still be listed) and still accepting applications from other applicants. Sometimes individuals who file a complaint with the EEOC who will then investigate the company.

procedure for bringing a Title VII action

1. file complaint with EEOC 2. investigation will be conducted by the EEOC 3. if EEOC finds merit to your complaint, they will file a lawsuit on your behalf.

Sexual Harassment

2 categories: lawsuit is sometimes based on quid pro quo, and some are based on hostile work environment. Quid pro quo (this for that)-denied a job because they refused to give a blowjob

Civil rights Act of 1964

Congress created the EEOC to enforce the civil rights act of 1964. Congress gave the EEOC more power in 1972, in which they could file a lawsuit on your behalf if the tort provided merit upon which a lawsuit could be filed. It included an act called Title VII which says this: it prohibits discrimination in employment based on race, color, sex, national origin, or religion.

EEOC

Equal Employment Opportunity Commission; a Federal administrative agency that has been given the authority to enforce federal employment discrimination laws.

State and local government anti-discrimination laws

Many state and local governments have adopted laws that prevent discrimination in employment.

Race, Color, and National Origin Discrimination

Strictly enforced by the EEOC to seek justice for these cases of discrimination

disparate impact discrimination

an employer who has a policy or practice which is neutral, but then EEOC examines it that asks if it discriminates against a whole group or class of people? Some discrimination can be very obvious.....sometimes it isn't so obvious. (ex. An employer has a job opening, but toward the end of the announcement, it says that no one under 6 feet tall will be considered, wtf!?; t.his would merit cause for the EEOC to investigate and would probably discover that by discriminated because of height, this was really to prevent women from getting the job) Sometimes a policy or practice will do nothing more than perpetuate the old policy.

Religious Discrimination

discrimination based on religion, religious beliefs or religious practice

qualified individual

any disabled person who can perform the essential functions of a job without any accommodations.

Criteria for justification of differential in wages-merit

because you've done something extraordinary so you got a raise in pay.

BFOQ

bona fide occupational qualification. Job-related or a business necessity there may be some people who didn't get the job because they didn't have the complete qualifications. Race or Color can never be a BFOQ, but it can be on national origin in jobs related to national security

Affirmative Action

first case was heard by the Supreme Court in 1979. The U.S. Supreme Court outlawed quotas that organizations had implemented. Employers try to create a diverse work population as well.

forbidden conduct

forbidden from asking the nature or the severity of their disability because it possibly implies any nature of objections the employer has with the prospective employee. Do not ask them to take a medical exam unless you give all applicants a medical exam.

Defenses to a Title VII action

how do you defend yourself from these allegations?

Defenses to a Title VII action-merit

one employee gets treated differently from another because they went above and beyond, have higher achievements and accomplishments at the workplace.

quantity or quality of product

paying differently for quality or quantity of product (say we work in a factory assembly line d. any factor other than sex-night shift vs. day shift. Night shift always make a little more money than day shift. 10. Americans with Disabilities Act-this law requires companies make accommodations for persons with disabilities except when it develops unreasonable hardships for the company.

Criteria for justification of differential in wages-seniority

people with seniority make more money

procedure and remedy

review the steps and procedures of filing a complaint with the EEOC.

The Equal Pay Act

the first bill that Obama signed when he came into office was the Lily-Ledbetter Act. She told him her story and he promised to change the way people in her situation would be treated in the future. If the job requires equal skill, equal responsibility, equal effort, then the pay SHOULD ALSO BE EQUAL

Defenses to a Title VII action-seniority

the ones who have been there longer to be treated better are understandable, they show longevity and loyalty to the company.

scope of coverage

this law applies to: labor unions, employment agencies, state and local governments and their state and local agencies as well. The federal government and federal agencies, and employers with 15 or more employees must also obey this law. Who is excluded? Private clubs can discriminate (Augusta national-where the masters are held) When a complaint is filed with the EEOC, it is to be in one of two categories (listed elsewhere)

Hostile work environment

when women were hired, then that limited the men's conduct (took them out of their comfort zone) the woman then can start getting harassed by the men, (must be deemed pervasive by the court)