Chapter 3

Disparate Treatment

Exists when individuals in similar situations are treated differently based on race, color, religion, sex, national origin, age, or disability status. Must be proven INTENTIONAL!

Disparate Impact

Exists when seemingly neutral employment practice disproportionately excludes a protected group from employment opportunities. Must be proven IRRELEVANT!

A recent study projected that 85% of new entrants into the US labor force over the next decade will be...

Women & Minorities

Bona Fide Occupational Qualifications (BFOQ)

Job qualification based on race, sex, religion, etc. that an employer asserts is a necessary qualification for the job.

Vietnam Era Veteran's Readjustment Act of 1974

People who opposed the war, somewhat took it out on the veterans who returned from Vietnam by not hiring them.

Sexual Harassment: Quid Pro Quo

This for That ex. you can fly first class if you date me.

Americans with Disabilities Act (ADA)

a firm must make "reasonable accommodation" to a physically or mentally disabled individual unless doing so would impose "undue hardship". This law has not resulted in a major increase in the proportion of people with disabilities who are working.

Reasonable Accomodation

a special obligation on an employer to affirmatively accommodate and individual's disability or religion. (Costs: Money, Time, Customer Needs...)

Pregnancy Discrimination Act

an amendment to Title VII of the Civil Rights Act of 1964. Discrimination on the basis of pregnancy, childbirth, or related medical conditions constitutes unlawful sex discrimination under Title VII.

Occupational Safety and Health Act (OSHA) 1970

authorizes the federal government to establish and enforce occupational safety and health standards for all places of employment engaging in interstate commerce. Is an agency of the DOL.

Affirmative Action

extra effort to attract and retain minority employees

Title VII

prohibits discrimination in all areas of employment on the basis of race, color, national origin or gender. Also created the EEOC.

Age Discrimination

protects older workers from being fired in order for the company to hire someone younger who would accept a lesser salary.

Equal Employment Opportunity Commission (EEOC)

responsible for enforcing federal laws that make it illegal to discriminate against a job applicant or an employee because of the person's race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information.

The General Duty Clause of OSHA

states that an employer has an overall obligation to furnish employees with a place of employment free from recognized hazards.

Equal Pay Act of 1963

the equal pay act prohibits sex-based wage discrimination between men and women in the same establishment who perform jobs that require substantially equal skill, education, effort and responsibility under similar working conditions.

Equal Employment Opportunity (EEO)

the government's attempt to ensure all individuals have and equal chance for employment, regardless of (race, color, age, religion, etc.)

Lilly Ledbetter Fair Pay Act of 2009

to help address this unfair and unacceptable wage gap, President Obama signed the Lilly Ledbetter Fair Pay Act on January 29, 2009,1 restoring the protection against pay discrimination that was stripped away by the Supreme Court's decision in Ledbetter v. Goodyear Tire & Rubber Co.

Sexual Harassment

unwelcome sexual advances, requests for sexual favors, and other verbal or physical contract of a sexual nature. (based on employment decision making or interfering with work performance or creating an intimidating, hostile, or offensive working environment.