Chapter 33 - Equal Opportunity in Employment
Racial and National Origin Harassment
It is unlawful to harass a person because of his or her race, color, or national origin if it is so severe that it creates a hostile work environment.
Title VII of the Civil Rights Act of 1964 applies to
U.S. citizens employed by U.S.-controlled companies in foreign countries are covered by Title VII. Foreign nationals employed in foreign countries by U.S.-controlled companies are not covered by Title VII.
Title VII of the Civil Rights Act of 1964 applies to
Any employee of a covered employer, including undocumented aliens, may bring actions for employment discrimination under Title VII.
Gender Discrimination ; sex discrimination
BLANK, also known as BLANK, occurs when an employer treats a job applicant or employee unfavorably because of that person's sex.
Title VII of the Civil Rights Act of 1964 applies to
(1) employers with 15 or more employees, (2) all employment agencies, (3) labor unions with 15 or more members, (4) state and local governments and their agencies, and (5) most federal government employment. Native American tribes and tax-exempt private clubs are expressly excluded from coverage. Other portions of the Civil Rights Act of 1964 prohibit discrimination in housing, education, and other facets of life.
Remedies for Violations of Title VII punitive damages
A court can award BLANK against an employer in a case involving an employer's malice or reckless indifference to federally protected rights. The sum of compensatory and punitive damages is capped at different amounts of money, depending on the size of the employer.
National origin
BLANK discrimination occurs if an employer treats persons unfavorably because they are married to or associate with a person of a certain national origin. An employer may not base an employment decision on an employee's foreign accent unless the accent seriously interferes with the employee's job performance. The following feature discusses the lawfulness of English-only rules in the workplace.
Remedies for Violations of Title VII
BLANK imposes liability on employers. Courts have routinely refused to hold individual employees liable under Title VII or other federal antidiscrimination laws.
Pregnancy Discrimination Act
In 1978, the BLANK was enacted as an amendment to Title VII.5 The act forbids employment discrimination against a female job applicant or employee because of her pregnancy, childbirth, or a medical condition related to pregnancy or childbirth.
Disparate-treatment discrimination
In such situations, the complainant must prove that (1) he or she is a member of a Title VII protected class, (2) he or she applied for and was qualified for the employment position, (3) he or she was rejected despite this, and (4) the employer kept the position open and sought applications from persons with the complainant's qualifications.
Pregnancy Discrimination Act
It is unlawful to harass a woman because of her pregnancy, childbirth, or a medical condition related to pregnancy or childbirth and the harassment is so severe that it creates a hostile work environment.
This is known as gender identity discrimination
Lesbian, gay, bisexual, and transgender individuals may bring sex discrimination claims, such as when an employer takes an adverse action because of the person's nonconformance with sex stereotypes. Discrimination against an individual because that person is transgender is sex discrimination that violates Title VII. .
Defenses to a Title VII Action
Merit. Job-related experience, education, or unbiased ability test. Seniority. Length of time an employee has been employed by the employer. Intentional discrimination based on seniority is unlawful. Bona fide occupational qualification (BFOQ). Discrimination based on sex, religion, or national origin is permitted
Race discrimination
Race discrimination in employment violates Title VII.
Discrimination Against People with Disabilities
The Americans with Disabilities Act (ADA),12 which was signed into law July 26, 1990, is the most comprehensive piece of civil rights legislation since the Civil Rights Act of 1964. The ADA imposes obligations on employers and providers of public transportation, telecommunications, and public accommodations to accommodate physically challenged individuals.
hostile work environment
The U.S. Supreme Court has held that sexual harassment that is so severe or frequent that it creates a BLANK violates Title VII.6 To determine what conduct creates a hostile work environment, the U.S. Supreme Court has stated,
equal opportunity in employment to all employees
These laws, which were passed to guarantee VLANKand job applicants, have been broadly interpreted by the federal courts, particularly the U.S. Supreme Court. States have also enacted antidiscrimination laws. Many state and local governments have adopted laws that prevent discrimination in employment.
National origin
Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on national origin.
Disparate-impact discrimination
discrimination can occur when an employer adopts a work rule that is neutral on its face but is shown to cause an adverse impact on a protected class.
The Lilly Ledbetter Fair Pay Act of 2009
is a federal statute that provides that each discriminatory pay decision restarts the statutory 180-day clock. Thus, a plaintiff can file a claim against an employer within 180 days of the most recent paycheck violation. The act provides that a court can award back pay for up to two years preceding the filing of the claim if similar violations occurred during the prior two-year time period.
Disparate-treatment discrimination
occurs when an employer treats a specific individual less favorably than others because of that person's race, color, national origin, sex, or religion.
Color Discrimination
refers to the BLANK or complexion of a person's skin. Discrimination by an employer based on color violates Title VII. Color discrimination cases are not brought as often as cases involving other forms of discrimination. Unlawful discrimination occurs if an employer treats persons unfavorably because they are married to or associate with a person of a certain race or color or because of a person's connection with a race-based organization or group.
If a supervisor harasses an employee by causing a tangible employment action,
such as the victim being terminated, demoted, or denied employment benefits, then the employer is strictly liable for the harassing supervisor's conduct. That is, the employer cannot raise a defense to avoid liability.
If a state has a Fair Employment Practices Agency (FEPA),
the complainant may file his or her claim with the FEPA instead of the EEOC. Often a complainant will file a complaint with a FEPA if state law provides protection from discrimination not covered by federal laws or if the FEPA's procedure permits a filing date that is longer than that of the EEOC. The FEPA complaint process is similar to that of the EEOC.
he defendant-employer has the burden of proving this affirmative defense. In determining whether the defense has been proven, a court considers
(1) whether the employer has an antiharassment policy, (2) whether the employer had a complaint mechanism in place, (3) whether employees were informed of the antiharassment policy and complaint procedure, and (4) other factors that the court deems relevant.
Remedies for Violations of Title VII
A successful plaintiff in a Title VII action can recover back pay and reasonable attorney's fees. The courts also have broad authority to grant equitable remedies. For instance, the courts can order reinstatement, grant fictional seniority, and issue injunctions to compel the hiring or promotion of protected minorities.
Affirmative-Action Plan
Employers often adopt an affirmative-action plan that provides that certain job preferences will be given to members of minority racial and ethnic groups, females, and other protected-class applicants when making employment decisions. Such plans can be adopted voluntarily by employers, undertaken to settle a discrimination action, or ordered by the courts. To be lawful, an affirmative-action plan must be narrowly tailored to achieve some compelling interest. Employment quotas based on a specified number or percentage of minority applicants or employees are unlawful. If a person's minority status is only one factor of many factors considered in an employment decision, that decision will usually be considered lawful.
The Lilly Ledbetter Fair Pay Act of 2009
Example A female is hired by an employer as an employee. During a 36-month period, the employer engages in pay act violations and underpays the female employee each pay period. In this example, the female employee has 180 days from the date of the last paycheck violation to file her claim. If she files the claim and the employer is found to have violated the law during the three-year period, the female employee can recover back pay for the two years preceding the date of the last paycheck violation.
Title VII also prohibits any form of gender discrimination where sexual favors are requested in order to obtain a job or be promoted. This is called quid pro quo sex discrimination.
Example A manager refuses to promote a female unless she engages in sexual activities with him.
Disparate-treatment discrimination
Example A member of a minority race applies for a promotion to a position advertised as available at his company. The minority applicant, who is qualified for the position, is rejected by the company, which hires a nonminority applicant for the position. The minority applicant sues under Title VII. He has a prima facie case of illegal discrimination. The burden of proof shifts to the employer to prove a nondiscriminatory reason for its decision. If the employer offers a reason, such as saying that the minority applicant lacked sufficient experience, the burden shifts back to the minority applicant to prove that this was just a pretext (i.e., not the real reason) for the employer's decision.
If a supervisor harasses an employee by causing a tangible employment action STRICT LIABILITY
Example A supervisor harasses an employee because she is African American and then demotes her without cause. The employer is strictly liable for this conduct and the employer cannot raise a defense against the imposition of strict liability.
he defendant-employer has the burden of proving this affirmative defense. In determining whether the defense has been proven, a court considers
Example A supervisor harasses an employee by making continual offensive remarks about the victim's national origin, ethnicity, and accent. The supervisor does not, however, fire, demote, or take other adverse employment decision against the victim. The victim notifies the employer's human resources department, but the employer takes no action to remedy the harassing conduct. In this example, the employer is vicariously liable because of the supervisor's harassment and because it cannot prove an affirmative defense.
Sex-plus discrimination
Example An employer does not discriminate against females in general but does discriminate against married women or women with children.
Classification of Harassment
Example An employer knew or reasonably should have known about harassment but failed to take remedial action.
Gender Discrimination
Example An employer refuses to promote a qualified female to a management position because of her gender.
Color Discrimination
Example An employer violates Title VII if it discriminates against job applicants or employees who belong to the National Association for the Advancement of Colored People (NAACP). The following feature discusses the Civil Rights Act of 1866.
Color Discrimination
Example If a light-skinned member of a race refuses to hire a dark-skinned member of the same race, this constitutes color discrimination, in violation of Title VII.
Disparate-impact discrimination
Example If an employer has a rule that all applicants for an executive position must be at least 5 feet 8 inches tall, this looks like a neutral rule because it applies to both males and females. However, because this rule is unrelated to the performance of an executive position and eliminates many more females than males from being hired or promoted to an executive position, it is disparate-impact sex discrimination, in violation of Title VII.
Race discrimination
Example If an employer refuses to hire or promote all persons of a racial class, then the company has engaged in employment discrimination in violation of Title VII. This would be disparate-impact discrimination.
Race discrimination
Example National Corporation has a job opening for its chief executive officer (CEO) position. The employer receives applications for this position from many persons, including Joe Thomas, who is an African American. Thomas is the best-qualified applicant for the job. If National Corporation does not hire Thomas because of his race, the company has engaged in race discrimination, in violation of Title VII. This would be disparate treatment discrimination.
National origin
Example National Corporation has a position for chief operations officer (COO) open. Several persons from within the company apply for a promotion to this position. Naseem al-Gharsi, whose national origin is Yemen, is one of the applicants; al-Gharsi has a Ph.D. in information sciences and 10 years' work experience, and has been with the company for five years in the capacity of operations manager. Although al-Gharsi is the best-qualified person for the position, al-Gharsi is not promoted because of his Arabic heritage, and a less-qualified person is promoted. The company has engaged in national origin discrimination, in violation of Title VII.
Racial and National Origin Harassment
Example Racial slurs, offensive or derogatory remarks about a person's race or color or national origin, offensive name calling, or the display of racially offensive symbols.
Pregnancy Discrimination Act
Example Susan, a 30-year-old college graduate, goes on a job interview for an open position at a company. The interviewer asks Susan if she plans on having children, if that would affect her ability to come to work every day or to perform her duties, and if it would affect her ability to travel on company business. The company refuses to hire Susan because she is a female who might have children. This is a violation of the Pregnancy Discrimination Act.
Harassment
Examples Lewd remarks, offensive or sexually or racially oriented jokes, name calling, slurs, intimidation, ridicule, mockery, and insults or put-downs.
Protection from Retaliation
Federal antidiscrimination laws prohibit employers from engaging in retaliation against an employee for filing a charge of discrimination or participating in a discrimination proceeding concerning race, color, national origin, gender, religion, age, disability, genetic information, and other forms of discrimination. Acts of retaliation include dismissing, demoting, harassing, or other methods of reprisal. Example Mary files a gender discrimination claim with the EEOC that states that her employer has engaged in sex discrimination in violation of Title VII. The employer does not promote Mary when she qualifies for a promotion because she filed this claim. This is illegal retaliation.
Supervisor
For Title VII purposes, a BLANK is narrowly defined as a person who is empowered by the employer to take tangible employment actions against the victim, such as making decisions regarding hiring and firing, promotion and demotion, reassignment, or a significant change in benefits.
Equal Employment Opportunity Commission FILING A COMPLAINT
If a person believes that he or she has been discriminated against in the workplace, he or she cannot immediately file a lawsuit against the employer. The complainant must first file a complaint with the EEOC.
Equal Employment Opportunity Commission
If a person believes that he or she has been discriminated against in the workplace, he or she cannot immediately file a lawsuit against the employer. The complainant must first file a complaint with the EEOC. The EEOC often requests that the parties try to resolve their dispute through mediation. If mediation does not work, the EEOC will investigate the charge. If the EEOC finds a violation, it will decide whether to sue the employer. If the EEOC sues the employer, the complainant cannot sue the employer. In this case, the EEOC represents the complainant. If the EEOC finds a violation and chooses not to bring suit or does not find a violation, the EEOC will issue a right to sue letter to the complainant. This gives the complainant the right to sue his or her employer. If a state has a Fair Employment Practices Agency (FEPA), the complainant may file his or her claim with the FEPA instead of the EEOC. Often a complainant will file a complaint with a FEPA if state law provides protection from discrimination not covered by federal laws or if the FEPA's procedure permits a filing date that is longer than that of the EEOC. The FEPA complaint process is similar to that of the EEOC.
The difference between the affirmative defence and vicarious liabiltiy
If a supervisor harasses an employee but no tangible employment action is taken, that is, the victim is not terminated, demoted, or denied employment benefits, then the employer is vicariously liable unless it can prove the following affirmative defense:
Classification of Harassment
If employee who harasses another employee is a coworker, then the employer is liable if it was negligent in controlling the working situation. In this situation, an employer may not invoke an affirmative defense.
he defendant-employer has the burden of proving this affirmative defense. In determining whether the defense has been proven, a court considers
Most employers require employees to take training courses, either in person or online, that informs employees of what constitutes harassment, the business's antiharassment policy, the complaint procedure, and other relevant information.
Title VII of the Civil Rights Act of 1964; Title VII
One of the major provisions of the Civil Rights Act of 1964 is BLANK, which governs the employment relationship.
Title VII of the Civil Rights Act of 1964
One of the major provisions of the Civil Rights Act of 1964 is Title VII, which governs the employment relationship. Title VII of the Civil Rights Act of 1964 is discussed in the following feature.
Title VII of the Civil Rights Act of 1964
Prior to the passage of major federal antidiscrimination laws in the 1960s, much discrimination existed in this country. In the 1960s, Congress enacted several major federal statutes that outlawed discrimination against various members of society.
age discrimination
Some employers have discriminated against employees and prospective employees based on their age. Primarily, employers have often refused to hire older workers. The Age Discrimination in Employment Act (ADEA), a federal statute that was passed in 1967, prohibits certain age discrimination practices.10 The ADEA protects employees who are 40 and older from job discrimination based on their age. The ADEA prohibits age discrimination in all employment decisions, including hiring, promotions, payment of compensation, and other terms and conditions of employment. Employers cannot use employment advertisements that discriminate against applicants covered by the ADEA. The Older Workers Benefit Protection Act (OWBPA) amended the ADEA to prohibit age discrimination with regard to employee benefits.11
Harassment
Sometimes supervisors and coworkers engage in conduct that is offensive because it is sexually, racially, ethnically, or religiously charged. Such conduct is referred to as harassment.
employment discrimination
Starting in the 1960s, Congress began enacting a comprehensive set of federal laws that eliminated major forms of BLANK.
Lilly Ledbetter Fair Pay Act of 2009
The Civil Rights Act provided that a rejected applicant for a job or an employee who suffers pay discrimination must file a discrimination lawsuit within 180 days of the employer's act that causes the discrimination.
Equal Pay Act
The Equal Pay Act, a federal statute passed in 1963, protects both sexes from pay discrimination based on sex.9 The act covers all levels of private-sector employees and state and local government employees. Federal workers are not covered, however The act prohibits disparity in pay 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). To make this determination, the courts examine the actual requirements of jobs to determine whether they are equal and similar. If two jobs are determined to be equal and similar, an employer cannot pay disparate wages to members of different sexes. Job content, not job titles, determines whether positions are substantially equal. All forms of pay are covered by the Equal Pay Act, including salary, overtime pay, bonuses, profit sharing plans, insurance, vacation and holiday pay, reimbursement of expenses, and benefits. Employees can bring a private cause of action against an employer for violating the Equal Pay Act. Back pay and liquidated damages are recoverable. The employer must increase the wages of the discriminated-against employee to eliminate the unlawful disparity of wages. The wages of other employees may not be lowered.
If a supervisor harasses an employee but no tangible employment action is taken, that is, the victim is not terminated, demoted, or denied employment benefits, then the employer is vicariously liable unless it can prove the following affirmative defense:
The employer exercised reasonable care to prevent, and promptly correct, any sexual harassing behavior, and The plaintiff-employee unreasonably failed to take advantage of any preventive or corrective opportunities provided by the employer or to otherwise avoid harm.
Title VII of the Civil Rights Act of 1964: After substantial debate, Congress enacted the Civil Rights Act of 1964
This was a historical and sweeping civil rights law that prohibited discrimination based on race, color, national origin, gender, and religion in public accommodations (e.g., motels, hotels, restaurants, theaters), by state and municipal government public facilities, by government agencies that receive federal funds, and in employment.
Genetic Information Nondiscrimination Act
Title II of GINA makes it illegal for an employer to discriminate against job applicants and employees based on genetic information. Thus, an employer may not use genetic information in making employment decisions, including decisions to hire, promote, provide benefits, or terminate, other employment decisions. GINA is administered by the EEOC and other federal government agencies. Remedies for violations include corrective action and monetary fines. Individuals have a right to pursue private lawsuits to seek hiring, reinstatement, back pay, and compensatory and punitive damages.
Title VII also prohibits any form of gender discrimination where sexual favors are requested in order to obtain a job or be promoted. This is called quid pro quo sex discrimination. quid pro quo sex discrimination
Title VII also prohibits any form of gender discrimination where sexual favors are requested in order to obtain a job or be promoted. This is called .
Affirmative Action
Title VII of the Civil Rights Act of 1964 outlawed discrimination in employment based on race, color, national origin, sex, and religion. The law clearly prohibited any further discrimination based on these protected classes. However, did the federal statute intend to grant a favorable status to the classes of persons who had been previously discriminated against? In a series of cases, the U.S. Supreme Court upheld the use of affirmative action to make up for egregious past discrimination, particularly discrimination based on race.
Title VII of the Civil Rights Act of 1964 applies to
Title VII prohibits discrimination in hiring, decisions regarding promotion or demotion; payment of compensation and fringe benefits; availability of job training and apprenticeship opportunities; referral systems for employment; decisions regarding dismissal; work rules; and any other "term, condition, or privilege" of employment.
Gender Discrimination
Title VII prohibits employment discrimination based on BLANK. Although the prohibition against sex discrimination applies equally to men and women, the majority of Title VII BLANK cases are brought by women.
Religious Discrimination
Title VII prohibits employment discrimination based on a person's religion. Religions include traditional religions, such as Buddhism, Christianity, Hinduism, Islam, and Judaism; other religions that recognize a supreme being; and religions based on ethical or spiritual tenets. The right of an employee to practice his or her religion is not absolute. Under Title VII, an employer is under a duty to reasonably accommodate the religious observances, practices, or beliefs of its employees if doing so does not cause an undue hardship on the employer. An employer is liable for religious discrimination
The Equal Employment Opportunity Commission (EEOC)
is the federal agency responsible for enforcing most federal antidiscrimination laws. The members of the EEOC are appointed by the U.S. president. The EEOC is empowered to conduct investigations, interpret the statutes, encourage conciliation between employees and employers, and bring suits to enforce the law. The EEOC can also seek injunctive relief. The EEOC has jurisdiction to investigate charges of discrimination based on race, color, national origin, gender, religion, age, disability, and genetic information.
Disparate-impact discrimination
occurs when an employer discriminates against an entire protected class. Many disparate-impact cases are brought as class action lawsuits. This type of discrimination is often proven through statistical data about an employer's employment practices. The plaintiff must demonstrate a causal link between the challenged practice and the statistical imbalance. Showing a statistical disparity between the percentages of protected class employees and the percentage of the population that the protected class makes within the surrounding community is not enough, by itself, to prove discrimination. D
Sex-plus discrimination
occurs when an employer does not discriminate against a class as a whole but treats a subset of the class differently. Courts have held that sex-plus discrimination violates Title VII of the Civil Rights Act of 1964.
National origin
refers to the place of origin of a person's ancestors; physical, linguistic, or cultural characteristics; or heritage. National origin discrimination would include discrimination against employees or job applicants of a particular nationality (e.g., persons of Irish descent), against persons who come from a particular country (e.g., Iran), against persons of a certain culture (e.g., Hispanics), or against persons because of their accents. Discrimination by an employer based on a person's national origin or heritage violates Title VII.