LER 201 EXAM 2

Opposition activity is covered by Title VII.

Case: Case: Chandler v. Fast Lane, Inc: Chandler made a claim based upon discrimination due to Constructive discharge by her employer. Her employer fired her because she was hiring black people that they did not like. They said she can't have a claim against them because she was not discriminated against because she is not black. The court rules that she was not treated poorly based on race

Valuing diversity

Learning to accept and appreciate those who are different from the majority and value their contributions to the workplace Mirrors population, workforce changes Also reflects rise in buying power of diverse customer base Decisions with limited input likely to be sub-optimal

Citizenship and the Immigration Reform Control Act

Legal aliens are often restricted from access to certain government or other positions by statute. a. Case: Espinoza v. Farah Manufacturing Company: This company refused to hire some one who was not a citizen even though he was in the U.S legally, and was permitted to work. The employer said they preferred American citizens. This has a disparate impact on people national origin. It is illegal to have a policy that only hires citizens.

Adverse Employment Action and Dissimilar Treatment is

anyactionoromissionthat takes away a benefit, opportunity, or privilege of employment from an employee. 1.This includes demotion, termination, or removal of privileges afforded to other employees. a. ex. Privilege could be not being able to speak native language (dissimilar treatment).

Middle Eastern Discrimination After September 11, 2001

"Code Z" established by EEOC in 2002 2. There was a quick uptick in national origin discrimination after 9/11. 3. Key discrimination issues include: LER 201.1 FANELLI © 2018 NITTANY NOTES ALL RIGHTS RESERVED ANY ATTEMPT TO REPRODUCE THESE NOTES IS PUNISHABLE BY LAW a. Different treatment due to attire. (Middle eastern attire) b. Ethnic harassment, particularly in relation to security concerns c. More stringent security checks or other pre-employment requirements on people with a Middle Eastern background. d. Ex. A good employee was fired abruptly after 9/11. She had a husband from Pakistan and she was told not to tell anyone where he was from . This is national origin discrimination.

Penalties for noncompliance

1. Department of labor or the OFCCP can impose different penalties on the employer. 2. The worst penalty would be debarment (banning a company from future contracts for a period of time). 3. The DOL/OFCCP will suggest alternatives like a new recruitment strategy before debarment. They will make reasonable efforts to secure compliance by conference, conciliation, mediation, and persuasion before requesting the U.S. Attorney General to act, or before canceling or surrendering a contract.

Members of the protected class

1. Based on country of origin, not on country of citizenship. 2. No protection if you are an alien. i. Case: Cortezano v. Salin Bank & Trust Company: Cortezano helped her illegal Mexican boyfriend to get a bank account and was fired for doing so. She made a claim for national origin discrimination. She claimed they fired her because her husband is of Mexican descent. The employer defense was a legitimate nondiscriminatory reason. She broke the law by opening an account for someone illegal. It was not a problem that he was Mexican, the problem is that he is illegal. 3. National origin includes the employee's place of birth (different from ethnicity), ethnic characteristics or origins, physical, linguistic, or cultural traits closely associated with a national origin group. 1. Some one could be a member of the Mexican- American class even if they were not born in Mexico.

D. Logistical Considerations

1. Breast-feeding/expressing milk at work. 2. Affordable Care Act was passed required employer to find a reasonable place/time for women to pump breast milk. 3. Employers may not forgo hiring those of a certain gender because of logistical issues, unless it involves an unreasonable financial burden (rare). 4. Female reporter can't go in male locker room after a male sports game. Therefore, many employers will only hire men to do job. Court said this is disparate treatment. Going in locker room is not the only part of this job. Females are qualified other than this. Employer has to figure out these logistics. 5. Females don't have a place to shower after a firefight job because they don't want to share it with men. 6. Case: Lynch v. Freeman: There was one female construction worker among men construction workers. There is no separate restroom facility on the job site for her. The employer argued that he provided a restroom to be used by all and it would be costly to get a separate one or her. She argued that the toilet regularly has urine on the toilet on seat, the toilet paper is urine soaked, and she got a UTI because of how unsanitary it was. The Employer lost this trial because the women can't use the toilet reasonably, but the men can still use it.

Customer or employee preference

1. Customer preference is not a legitimate and protected reason to treat otherwise- qualified employees differently based on gender. 2. Civil Rights Act of 1991 3.Title VII generally applies to U.S. citizens employed by American-owned or - controlled companies doing business outside the United States (legal exception)

Gender stereotypes continued

1. Gender stereotyping is gender discrimination. 2. Another Ex. Men are able to wear pants at work, and women must wear a skirt. This is different treatment based on gender. This is unfair because men can be comfortable and women might not have this same privilege.

A national origin discrimination case must be prima facia.

1. It is difficult to figure out what the protected place is.

Courts have allowed language based restrictions based on business interests.

1. Language restrictions must be legitimate non-discriminatory purpose or business necessity. 2. Language restrictions can be for supervisory control and/or safety. 3. Language restrictions can be for Customer factors like the ability to be understood. a. ex. "English-only on the sales floor" (business necessity) b. ex. Saying a dishwasher in a restaurant must speak English is not the same business necessity as for some one on the floor speaking with customers while serving tables. It could however be a business necessity to speak English with the employer. In addition, the employer could be concerned if the dishwashers are speaking badly in Spanish about their wrong doings (which the employer would not recognize/understand).

E.O affirmative action plans

1. Must follow the code of federal regulations part 60-2 2. An affirmative action plan must be made if there is underrepresentation or underutilization. This would be if there was significantly fewer minorities or woman intheworkplacethanrelevantstatisticsindicateareavailable oriftheir qualifications indicate they should be working at better jobs 3. Organizational profile: Staffing patterns showing organizational units (who we are, what we look like, ethnic composition, gender, race). a. Based on what we look like now, what will we do to take affirmative steps to address the underrepresentation/ underutilization of the workplace. 4. Job group analysis: Combines job titles with similar content, wage rates, and opportunities. (functions). 5. Availability: Minorities and women in a geographic area who are qualified for a particular position 6. Determining availability is based off the percentage of minorities or women with requisite skills in the reasonable recruitment area and the percentage of minorities or women among those promotable, transferable, and trainable within the contractor's organization 7. Placement goal: Percentage of women and/or minorities to be hired or promoted to correct underrepresentation. This is based on reasonable availability in the geographic area. Quotas are forbidden (this makes it hard for the employer). OFCCP checks from time to time to ensure good-faith, and measurable progress. a. ex. There is a job class in a workplace where only 5% are African American women work. In the geographic area the pool of applicants is 15% African American females that could work that job. Placement goal : To get 5% closer to 15% without a quota. b. Employer does not have to hire some one unqualified to meet a quota. c. There is no sanction from failing to meet goal as long as there is good faith/ measurable progress with a plan of affirmative action 8. Numbers are used for evidence when evaluating an affirmative action plan but they are not what matters. An employer must act in good faith, and the activities must be appropriate in relevance to the problems the contractor has identified in the workplace.

Race is the first prohibited category in title VII.

1. Racism is still wide spread today. 2. Racism accounts for 1/3 of the claims sent to EEOC. 3. The court/ EEOC doesn't care about prejudice (motive) it only cares about discrimination (the action).

Generalgenderdiscrimination

1. Seniority 2. Different wages/ benefits 3. Different terms/ conditions of employment i. Ex. Case: Wedow v. City of Kansas City: In Kansas City two women that worked for the fire department brought a gender discrimination claim. The claim was about uniforms. The department had a number of uniforms/ gear. They were all made for men. The manufacturing company that made the uniforms made them differently for women and men, but the department didn't own any women uniforms. The woman asked the department to buy them women uniforms. The department said no because they didn't want to treat anyone differently. They said everyone will wear these uniforms. Part of the claim was that the women's jobs were effected by the uniform,. Where as the men's jobs were not affected because their uniform was fitting. Another argument made by the fire department was that they are funded by the city, and the women uniforms are more costly . The city argued that the women did not face any type of adverse action (discharge, demotion ect.) therefore, there was no harm to the women. The court said it was disparate treatment because the women are held back and exposed to risk without the proper equipment, and therefore it is harder for them to do their job. 4.Termination 5.Familiar disparate treatment/ disparate impact claims available.

Statute doesn't give a definition to race, color, or national origin.

1. So what do we mean by the term, "race"? 2. The idea is that race is biological, and based off physical appearances. 3. So hypothetically a race could be Spanish or African, and a national origin would be Mexico or South Africa. 4. New forms of race discrimination exist as workforce demographics evolve. 5. Race discrimination is multi-dimensional. 6. Case: Alonzo v. Chase Manhattan Bank, N.A: Alonzo checked the Question form for what were you discriminated on basis of as national origin (for being Hispanic). This was through the EEOC. But, in court Alonzo claimed discrimination claim on race/ color as well. The court ruled against his claim because he failed to go through exhaustion administration of remedies through the EEOC for race/ color.

Undocumented Workers

1. The IRCA makes it unlawful for employers to hire, recruit, or refer for a fee to unauthorized workers. 2. Employers are required to verify all newly hired employees with the I-9 form. 3. The "no-match" rule was implemented in 2007: Bush Administration focus on Employees 4.The Obama administration focused on Employers and rescinded "no-match" rule in 2009. Civil and criminal actions were to be a giants employers that knowingly hired undocumented workers. 5.Employers are subject to random compliance inspection under the General Administrative Plan by the IRCA. 6.The law does protect undocumented workers (not under Title VII).

National Origin-based Harassment

1. These claims have been increasing. 2. Prima facie case must be unwelcome (based on national origin), severe or pervasive, cause differential job difficulty, and have an employer link,( reason to hold employer accountable). a. Allowing some one to be harassed based on national origin and not other employees is considered treating them differently. 3. Common incidents include: Ethnic slurs, workplace graffiti, and other offenses based on presumed employee traits. a. If some one is a jerk to everyone it is difficult to claim harassment is based on certain class. b. Easy way to make a claim is if the harassment involves racial slurs ect. in relation to an employees national origin. c. Ex. A Middle- Eastern employee named Mohamaed is called the local terrorist/ ************ often by other employees even in front of customers. Since these comments are regular it is severe/pervasive. The comments are on going which made it difficult to do his job especially in front of customers. The employer link would be that the employer did not do anything about it. 4. Must always consider the victim in these cases.

OFCCP Guidelines on Discrimination Because of Religion or National Origin

1. These guidelines apply to federal agencies or employers who supply goods or services to a government entity. 2. These individuals must be hired and retained without regard to their religion or national origin 3. The guidelines require federal contractors to prevent discrimination. 4. Provisions include the following ethnic groups: Eastern, Middle, and Southern European ancestry, including Jews, Catholics, Greeks, and Slavs 5. Blacks,Spanish-surnamedAmericans,Asians,andnativeAmericansareexcluded because they are covered else where.

Gender as a BFOQ

1. TitleVII permits gender to be used as a bona fide occupational qualification under certain limited circumstances. 2. The EEOC guidelines for gender as a BFOQ are very strict. 3. ThegymWomen'sworkoutworldonlyhiredwomanemployeesbecausethe customers are women. Women's workout world claimed it was a BFOQ to hire women because it would make the woman customers feel more comfortable. But, customer preference is not a BFOQ. The company also argued that part of the job of the employee is to take possible customers on tour into locker room. A male can't give a tour of the facility if he cant go in locker room. The court ruled: gender discrimination because being a woman is not a BFOQ for this job because a man can fulfill the job description with the exception of going into the locker room. 4. BFOQ as a defense generally found inapplicable.

Employer may claim a specific national origin is a legitimate job requirement (BFOQ).

1. ex. A Japanese subsidiary prefers Japanese nationals for the purpose of trade. They want employees familiar with the local culture. This will make the other person in business feel more comfortable (especially due to language) and will help get the deal done. Foreign countries can express preference for a foreign national. 2. Native language is not a BFOQ. You can still become fluent in language. Asking employees to be language fluent can be a BFOQ. 3.Ex. An Italian restaurant may want to create authenticity. They want to hire people who look Italian because they don't want customers to see a cook who isn't Italian. A BFOQ claim for this depends on the essence of the business. Olive garden is not authentic so they can't claim this. But there are Italian restaurants that have appeal for authenticity. An example of this would be Disney. Disney does this well in Epcot's around the world section. Each country looks authentic with authentic workers. Disney's argument is that they're looking for entertainers / ambassadors to work in each country. They want guests to feel they are in those countries. 4. Customer/co-workerpreferenceisneveraBFOQ.

Discrimination on the basis of color

1.Color is one of the five categories included in Title VII as a prohibited basis for discrimination. 2. Color has been a divisive issue for as long as African-Americans have been in the U.S. 3. An example of this type of discrimination would be based on a person having a "darker skin color"

Affirmative action obligations arise in three ways.

1.Executive Order 11246 (gov. contractors) 2. Judicially imposed (remedy to violation of title VII) 3. Voluntarily (established by an employer or union)

English fluency as a qualification and language restrictions

1.Language fluency and "English-only" policies have become increasingly relevant in the workplace. 2. Employersshouldnotpermitarbitrarilyimposedlanguagerestrictions:consider alternatives 3. An employer can care about fluency of a language for reasons like: teaching a language, communicating with other workers who speak a certain language, and the ability of the employee to communicate with the employer or the customer in a certain language. 4. Fluency requirement is legal to extent that it is required to perform work effectively. 5. An employer might not care about the fluency of dishwasher compared to a server. A server must communicate with customers. An employer can still require a dish washer to be able to have some ability of English to be able to communicate with the employer. 6. An accent preference would have a disparate impact on people not born in the U.S. Everyone technically has an accent. But perhaps, a customer would be more pleased to have a person that they can understand. Customer preference is not a claim (legal). 7. A BFOQ can be claimed if an accent it too thick for particular job positions. For example, a customer on phone might not be able to understand the employee. This would take more time. This would mean that they can't handle as many calls as some one without an accent. A BFOQ can only be claimed if it is essential.

The U.S Is considered a melting pot with so many different cultures. It is illegal for an employer to discriminate on the basis of national origin.

1.TitleVII,CivilRightsActof1964Sec.703(a) 2. Immigration Reform and Control Act of 1986 3. Claims of national origin discrimination are the fastest-growing category under Title

Language is not a protected class.

But perhaps a rule like "English only" can cause disparate impact based on national origin. This is because an employer is allowing some employees to speak their native language at work and other employees are not given this privilege. Therefore, this rule impacts the national origin of some employees and not others. 5. Case: Garcia v. Spun Steak: This case involves a meat packing plant, where employees are working on the line (not with the public). Spun Steak had bilingual employees. Spun Streak had a policy that all employees must speak in English while working. Some employees made a claim for national origin discrimination that being disciplined for speaking their native language was unfair because English people are able to speak their native language. The employer claimed three reasons for a defense to this claim. Spun Steak said there were allegations that people were being harassed in Spanish so English speaking managers did not know it was happening. The second reason was that people were distracted by the different languages being spoken which caused a safety hazard. The third reason was that the safety advisor only spoke English and he needed to know what employees were talking about. The court agreed that these were all business necessities. When employees are on their own time (break room for lunch) an employer probably does not have same interest in enforcing these rules.

Unusual manifestations of race discrimination

Case: Vaughn v. Edel: Vaughn was an African American employee who was only given favorable job evaluations. Her employers were afraid of giving her bad reviews because of her skin color. Years later the company needs to cut back on positions. They decided to pick worst performers and fire them. Vaughn was fired. She claimed discrimination on basis of race because she was only given good performance evaluations. The company can't prove they have a reason to fire her. Case: Bradley v. Pizzaco of Nebraska, Inc., d/b/a Domino's Pizza Bradley was told to shave, did not, and was fired. He claimed discrimination on the basis of race for disparate impact. He claimed that African American hair curls quicker and causes irritation. Shaving makes the hair sharp like a sword and makes it feel even more irritated. Domino's defense was businesss necessity for a health claim. Domino's also made an image claim for their delivery guys. Dominos lost this claim because there are other ways to keep this business health necessity (hair net)

Reverse discrimination

Claim brought by majority member who feels adversely affected by the use of an employer's affirmative action plan. 1. Only 3 percent of the charges filed with EEOC are reverse discrimination claims. 2. Case: Johnson v. Transportation Agency, Santa Clara County, CA: If two applicants are equal the agency choses to hire the women as part of their affirmative action plan. The male who was not hired claimed discrimination of gender, because gender was the only reason the woman got the job. The court said employer did not have quota and the county of Santa Clara proved that they had a history of underrepresentation of women. So the plan to inc. women in the workplace was valid. 3. Scenario: Fire department had a lot of white applicants passing test as compared to African Americans. So they decided to throw out the results of that test. The white fire fighters sued the city for discrimination. Court said yes because the fire department used race to make a decision. Instead the fire department should have analyzed the test for why they received these results

E-race initiative 1. Goals

Goals of E-race include improving data management, charge processing consistency and responding to emerging issues of race and color in the workplace, enhancing visibility of EEOC efforts, and encouraging voluntary initiatives to eradicate race and color discrimination. 2. The revision to Title VII's includes the prohibiting of ancestry, physical characteristics, race-linked illnesses, culture and perception, association to a subgroup, reverse race discrimination, and against Caucasians.

Racial Harassment is a form of race discrimination.

In order to have a Prima facie case that holds an employer liable for racial harassment, the employee must show that the harassment was unwelcome, based on race, and that the harassment was so severe it altered the conditions of employment and created a hostile environment.

Recognizing gender discrimination

Most cases are disparate impact. This is when a facially neutral policy excludes members of a particular gender from the workplace/ a workplace benefit. 2. Case: Dothard vs. Rawlinson: In Alabama prison guards must be 5'2 and 120 lbs. this is a minimal height/weight standard. A female was not hired because she didn't meet these numbers. Height and weight are not protected classes under title VII. But height/weight can have a disparate impact on women. These standards excludes women because it is mostly women who wouldn't be able to reach these standards. The defense of the prison is that the job is physically demanding, and there is a safety risk to some one who is not a certain size. In order to have viable claim the women claiming discrimination must show she is qualified. If she can show she is qualified her size is not necessary. Job requirements must be necessary. Physical abilities are necessary for the job not size. It was easier for the prison to make these requirements rather than pay for strength testing. But, this caused a valid claim for discrimination.

Equal pay and comparable worth

The Equal pay Act says you can't discriminate pay based on gender. Despite the Equal Pay Act, women earn on average 77 cents for every dollar earned by men. Title VII's Bennett Amendment include exceptions to the equal pay act. a. Seniority- pay based on how long you been in a workplace. If a man is there longer than the woman it's ok that a woman is paid less because pay is based on seniority. b. The value of the job c. Commission 4. If a man and a woman are doing similar functions with the same skill they should be paid the same.

Pregnancy Discrimination

The Pregnancy Discrimination Act prohibits discrimination based on pregnancy, childbirth, or related medical conditions. 2. Followed Supreme Court's conclusion that pregnancy was not meant to be covered by Title VII.

GENDER DISCRIMINATION

Think about a woman who applies for an overnight security job. She is told she cant because she is a woman. The employer's defense was that they are liable for the safety of the person in this position. The employer feels they want some one who is more authoritative. They feel some one authoritative would be a man. The employer's intention was positive. The employer believed they were only looking out for this female candidate. However, this action does violate title VII as it is based on the discrimination of gender.

Grooming Codes

Title VII does not prohibit an employer from using gender as a basis for reasonable grooming codes. 2. Employersarguethatgroomingcodesrarelyaffectopportunity. 3. The exception is where it differentially impacts perception of the employee in the workplace. a. Ex. Women Employees at Burlington Coat Factory had to wear a smock. The male employees could choose what they wore. Women complained they wanted to wear regular clothes like the men wear. The men were able to look professional and the women did not. The reason this claim is valid is because when customers come in they view male/ female employees differently. Men looked like managers. The women felt undermined. b. Men working at Blockbuster were not allowed to have hair past their shoulders, but women could. Male employees made a claim for gender discrimination. Blockbuster claimed they want a certain image. Blockbuster won this case. The case was ruled that it was not gender discrimination because there is no difference of opportunity in this work place for men and women. Also hair length is not a protected class. Femininity/ masculinity is immutable, but hair length is not. If they said men must be masculine this could be an issue. c. Borgata casino had women employees in skirt and men employees in pants. Women argued that the uniforms were significantly different. There was also a rule that employees (male or female) could not gain more than 7% of body weight or they could be fired. The casino was paying closer attention to females weight rather than males. Borgata argued that there is a concern when hiring cocktail waitresses to hire attractive ones. Therefore, weight gain can cause them to not do job as well. Casino says there is different standards to judge whether female or male is attractive or not, and this is why they don't pay much attention to the weight gain of males. Borgata won this case since it was on basis of physical attraction/ weight which are not protected classes. The title of the female cocktail waitress job was also "Borgata babe". So there was an argument that women should understand physical attraction is part of this job description. There are 'reasonable' standards of what is generally thought to be male- or female- appropriate attire in a business setting. These standards must be monitored for impact. a. Ex. A retail store might want attractive people working on the floor because then customers will think the clothes look good and they will want want to buy them. Attraction is not protected class so this is a valid preference. But the employer needs to ensure they don't have a disparate impact on basis of race ect. b. Ex. Some employers say only natural looking hair color is permitted for employees (no blue, purple, red, ect.). Employer is allowed to make this rule. But how to define natural color can be tricky. This could cause a race issue because "blonde" is not considered natural for an African American woman but it is for a white woman.

Innocent or negligent discrimination is

a complete defense to a claim of discrimination under IRCA. a. An employer has to intentionally discriminate based on citizenship to violate the law. b. This is why an employer tries to find out from an employee during the application process if they are legally allowed to work. They don't need to know if they are citizen or not.

Comparable worth is

a title VII action for pay discrimination based on gender. i. Jobs held mostly by women are compared with comparable jobs held mostly by men. Pay is compared, to determine if there is gender discrimination

The EEOC has taken the position that undocumented status does not justify workplace discrimination.

a. Employers may be liable for monetary remedies in the case of workplace discrimination against an undocumented worker. b. Case: Hoffman Plastic Compounds Inc. v. NLRB: In this case employees were fired for engaging in a union campaign. Normally it is illegal for an employer to fire an employee for engaging in union activity. But, the court said they were not legal to work there so they must comply to the employer rules.

Tactics used in affirmative action include

expanding outreach, recruitment new groups of people, mentoring, management training, development, hiring, training, and promoting groups that were previously excluded. Ex If you only train white mails for management then when it comes time to select some one for a management position you will only have white males to chose from. This is why you should conduct management training over a number of diverse people.

Executive Order 11246 requires

federal government contractors to remedy inadequate representation of women and minorities in their workplace. 1. A contractor must have a formalized plan in place to ensure the workplace is not imbalanced or inadequate. 2. This was passed through president Johnson. He could not extend this law to all employers, but he has power over contractors because he can hire some one else as a contractor. 3.The E.O 11246 is enforced by the Office of Federal Contract Compliance Programs (OFCCP). 4. The compliance requirement increases with the size of the contract and how much money it brings in.

Con view of affirmative action:

glass half full) Discrimination is always wrong. The government is interfering with the economy.

G. Recognizing different types of race discrimination Garden variety racism still exists. Case: Jones v. Horseshoe Casino and Hotel ( 2005):

he casino was not hiring African Americans as card dealers. An African American man Jones had a prima facia case for discrimination as he was qualified and kept applying and not getting hired. The casino's analysis showed people don't approach game tables as fast with African American Dealers than they would if the person was white. Cutomers of the casino also said they did not want black people touching their cards. The casino's defense was that they were not acting on their own prejudice. The discrimination was based off performance and business impact. The court said it does not matter , you violated title VII.

TitleVII applies to all even though it was originally passed to protect black people. 1. Case- McDonald v. Santa Fe Transportation

here were Two white employees and a black employee who were all involved in a work situation. The Two white men were fired for this situation, but the black man was not. The white guys made a claim to EEOC that they were fired based on race. Santa Fe Transportation made a defense that title VII does not protect white employees, and that the title was written to protect minorities. The Supreme Court said that the statue does not say its illegal to discriminate against African Americans it states it's illegal to discriminate on the basis of race, so this applied to the white guys.

Judicial affirmative action

is ordered by the court. This is very rare and extreme. There are no specific requirements as to what form an affirmative action plan must take. This action is for those who do not comply. 1. Case: Local 28, Sheet Metal Workers v. E.E.O.C.: shortly after title VII was passed The sheet metal workers union was sued by EEOC for the discrimination of race in training sheet metal workers for a more advanced union position. The program was opened to only white members of the sheet metal worker union. The sheet metal worker union was ordered by court to stop doing this. They did not comply. The EEOC came back to court and asked to order this local union to take steps to recruit other minority members. The court agreed to this.

National origin discrimination protection offered by TitleVII says

it is unlawful for an employer to limit, segregate, or classify employees in any way on the basis of national origin that would deprive them of the privileges, benefits, or opportunities of employment.

The Immigration Reform and Control Act says

it is unlawful to 'knowingly' hire, recruit, or refer aliens not authorized to work in U.S. 3. Provisions in both Title VII: to be familiar with disparate treatment and disparate impact analyses. 4. Provision in IRCA: requires that the adverse action be knowingly and intentionally discriminatory.

Pro view of affirmative action

minorities have been oppressed for hundreds of years. There is still an opportunity gap today(glass half empty). Affirmative action acts as an important deterrent. An important deterrent means that employers know they can't discriminate because if they do they will have to take further action.

Gender-plus' Discrimination is

mployment discrimination based on gender and some other factor such as marital status/ children. 1. Males are not subject to the same limitations. 2. Ex. An interviewer sees a pregnant candidate. He asks her about it and says he is not hiring pregnant people. An employer would not want pregnant employee because she will take maternity leave after being trained. This is costly. Then they need substitutes. The defense for some time was that pregnancy was not a protected class. But pregnancy only applies to women. So this implicates gender discrimination, there is impact on them. Now there is pregnancy discrimination act. 2. Case: Philips v. Martin Marietta Corp: This corporation makes a caregiving assumption. 3. Ex. A company states they will not hire a woman with small children because they believe she will take time off to care for children. The corporation does not think a man will not take time off to care for children. Having young children is also not a protection of title VII. A defense for this is that employees must be present at work. Another defense is that women without young kids wont be excluded from employment. So the corporation is saying they have no problem hiring women just women with young children. But, an argument for gender discrimination is that they wont hire women with small children but will hire a man with small children. This is based on assumption of gender roles. The court ruled gender plus discrimination.

The definition race evolves.

n the past race was exclusively black and white. Discrimination against other groups was considered discrimination on the basis of national origin.

Fetal Protection Policies Fetal are

policies an employer institutes to protect the fetus or the reproductive capacity of employees. 1. These policies limit or prohibit employees from performing certain jobs or working in certain areas. Many times these policies only exclude females 2. UAWv.JohnsonControls:Johnsonisafactorythatproducesbatteries.Thisemployer said a female of child bearing age cant work because of led and hazards. The employer also said pregnant people cant work there because it will harm the baby. A woman claimed discrimination of gender. Court said this violates the pregnancy act because the woman needs to make her own decision with her pregnancy. The employer cant make different rules for people whether they are pregnant or not.

Fair Labor Standards Act

protects unauthorized workers from abuse.

Affirmative action

steps taken in order to ensure the hiring of qualified women, minorities, and other underrepresented groups in the workplace. Ex. an employer has a past of excluding women from the workplace so now this employer must take action to change this.

Gender Stereo typing is

theassumptionthatmost/allmembersofaparticulargender must act in a certain way. 1.This entails workplace decisions based on ideas of how a particular gender should dress/act and what roles they perform. 2. Case: Price Waterhouse vs. Hopkins: A Female accountant was denied partnership promotion because she wasn't feminine enough. She was told she was too macho. They said she needed to act more polite/ feminine to create a better image. She made a gender discrimination claim because a male wouldn't be denied promotion partnership for being "too macho". The firm's defense was that they wanted a certain image. The firm said they have no issue hiring women. This woman was denied because of her personality. The court ruled gender discrimination because their preference is based on her not conforming to gender stereotypes. This "personality issue" is not essential to being an accountant.

Voluntary Affirmative Action is

where Employer or union institutes affirmative action plan on its own, not because compelled by the EO or the court. 1. Employers make an affirmative action to be proactive in order to avoid future discrimination claims.