Ch. 19 Employment Discrimination

Disparate Treatement

- plaintiff must show that she/he was treated differently because of her sex, race, color, religion, or national origin 1. plaintiff must present evidence that the defendant has discriminated against them 2. the defendant must present evidence that its decision was based on legitimate, nondiscriminatory reasons 3. to win, the plaintiff must prove the defendant the intentionally discriminated

Age Discrimination

-Under the Age Discrimination in Employment Act (ADEA), employers may not fire, refuse to hire, fail to promote, or otherwise reduce a person's employment opportunities because he is 40 or older.

Pregnancy Discrimination Act

-Under the pregnancy discrimination act, an employer may not fire, refuse to hire, or fail to promote a woman because she is pregnant

EEOC

-a federal agency that is 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, they must first file a charge with the EEOC -EEOC will then decide to brung a suit or not

Genetic Information Nondiscrimination Act (GINA)

-employers may not require genetic testing, or use information about genetic makeup or family medical history as a factor of hiring, firing, or promoting employees

Bona Fide Occupational Qualification

an employer is permitted to establish discriminatory job requirements if they are essential to the position in question - legal for reason of: 1. safety- all mens prison can refuse to hire women 2. privacy- man can only clean mens bathroom 3. authenticity- men can't play a women role

Relationships with a Disabled Person

an employer may not discriminate against someone because of his relationship with a disabled person

Mental Disabilities

an employer may not discriminate towards someone with a physical or mental disability

Disparate Impact

applies if the employer has a rule that, on its face, is not discriminatory, but in practice excludes to many people in a protected group. 1. the plaintiff must present a prima facie case. 2. the defendant must offer some evidence that the employment practice was a job related business necessity. 3. to win, plaintiff must prove the employers reason isa pretext or that other, less discriminatory rules would achieve the same result

The Hiring Process

An employer may not ask about disabilities before making a job offer

Americans with Disabilities Act (ADA)

An employer may not refuse to hire or promote a disabled person so long as she can, with reasonable accommodation, perform the essential functions of the job. An accommodation is unreasonable if it would create undue hardship for the employer.

Religion

Employers must take reasonable accommodation for workers religious beliefs unless the request would cause undue hardship for the business.

Gender Identity and Expression

The Equal Employment Opportunity Commission (EEOC) ruled that discriminating against someone for being transgender is a violation of Title VII

Sexual Orientation

The specific language of Title VII does not include sexual orientation as a protected category, but at least some courts now interpret the statute to include it as one

Prohibited Activities

There are four types of illegal activities under this statute: disparate treatment, disparate impact, hostile environment, and retaliation

Affirmative action

These programs is to remedy the effects of past discrimination. -an employer who has refused to hire someone of color might be required to hire a certain percentage for a limited period in the future. - affirmative action is to required by Title VII, nor is it prohibited

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.

The Civil Rights Act of 1964

Under Title VII of the Civil Rights Act of 1964, it is illegal for employers to discriminate on the basis of race, color, religion, sex, or national origin.

Immigration

Under Title VII, it is illegal for employers to discriminate against noncitizen because "national origin" is a protected category

Equal Pay Act of 1963

Under the Equal Pay Act, a worker may not be paid at a lesser rate than employees of the opposite sex for equal work.

Merit

a defendant is not liable if he shows that the person he favored was the most qualified

Seniority

a legitimate seniority system is legal even if it perpetuates past discrimination

Family Responsibility Discrimination

a violation of Title VII if It involves men and women being treated differently

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.

Reverse Discrimination

making an employment decision that harms a white person or a man because of his gender, color, or race

Defenses to Charges of discrimination

merit, seniority, bona fide occupational qualification

Obesity

Being morbidly obese (double the normal body weight) is a disability, no matter what