Chapter 12 Employment Discrimination

Equal Pay Act of 1963

A federal statute that makes it illegal for employers to pay unequal wages to men and women who perform substantially equal work.

Age Discrimination in Employment Act (ADEA) of 1967

A federal statute that prohibits employers from discriminating against employees on the basis of their age once employees have reached age 40.

Americans with Disabilities Act (ADA) of 1990

A federal statute that seeks to eliminate discriminatory employment practices against disabled persons; requires that employers with 15 or more employees make reasonable accommodations for a disabled employee in the workplace as long as the accommodations do not cause the employer to suffer an undue hardship.

Reasonable accommodations

Accommodations, required under the Americans with Disabilities Act, that allow disabled individuals to adequately perform essential job functions.

Affirmative action

An action plan designed to maintain equal employment opportunities and to remedy past employment discrimination of women, persons of color, persons with disabilities, and other underutilized protected classes.

Business necessity test

A defense used to rebut disparate impact claims when a business can prove that a certain skill, ability, or procedure is absolutely necessary to the operation of the business. Discrimination is permitted even if a protected class is adversely affected.

CONCEPT SUMMARY Other Federal Employment Discrimination Statutes

The Age Discrimination in Employment Act (ADEA) prohibits employers from discriminating against employees on the basis of their age if (1) the employee is 40 years old or over; (2) the employee's job performance is satisfactory; (3) the employee is adversely affected by the job action; and (4) better treatment is given to someone substantially younger. The Americans with Disabilities Act (ADA) seeks to eliminate discriminatory employment practices against disabled persons by requiring that employers with 15 or more employees make reasonable accommodations to allow the disabled employee to perform essential job functions, so long as the accommodations do not cause the employer to suffer an undue hardship. The Equal Pay Act (EPA) makes it illegal for employers to pay unequal wages to men and women who perform substantially equal work unless the difference is based on a factor other than sex.

Protected classes

The classifications of individuals that are specified in Title VII, including color, race, national origin, religion, gender, and pregnancy.

Conciliation negotiations

The required attempts by the EEOC to settle a discrimination case instead of filing a lawsuit.

Burden of proof

The responsibility of producing sufficient evidence in support of a fact or issue and favorably convincing the fact finder of that fact or issue.

Title VII

The section of the Civil Rights Act of 1964 that serves as the centerpiece of antidiscrimination law; covers a comprehensive set of job-related transactions and prohibits discrimination in the workplace on the basis of an employee's race, color, national origin, gender, religion, or pregancy. The law applies to any private sector employer with 15 or more full-time employees and to unions, employment agencies, state and local governments, and most of the federal government.

Disparate impact

Theory of employment discrimination in which employee evaluation techniques that are not themselves discriminatory have a different and adverse impact on members of a protected class.

Disparate treatment

Theory of employment discrimination predicated on overt and intentional discrimination; includes being treated differently because of one's membership in a protected class.

Hostile work environment

Theory of liability under Title VII for sexual harassment that is of such a severe and crude nature or is so pervasive in the workplace that it interferes with the victim's ability to do the job.

Title VII Summary

Title VII of the Civil Rights Act of 1964 applies to any private sector employer with 15 or more full-time employees, as well as to labor unions, employment agencies, state and local governments, and most to federal government employees. Title VII prohibits discrimination in the workplace on the basis of membership in a protected class. The protected classes are race, color, national origin, gender, pregnancy, and religion. There are three basic theories of discrimination: (1) disparate treatment (the McDonnell Douglas standard); (2) mixed motives (the Hopkins standard); and (3) disparate impact (the Griggs standard). Disparate treatment is overt and intentional discrimination and occurs when an employer treats an employee differently based on membership in a protected class. Under the McDonnell Douglas test, a plaintiff must make a prima facie case showing that (1) the plaintiff is a member of a protected class, (2) the plaintiff was qualified for and applied for a job, (3) the plaintiff was rejected, and (4) the position was filled by a nonclass member. Then the burden shifts to the employer to show a legitimate nondiscriminatory reason for the action. Finally, the burden shifts back to the individual to show that the reason given by the employer was not the actual reason for its action. The mixed motives theory articulated in Hopkins protects employees when legitimate motives are mixed with illegitimate motives and an employee is discriminated against. Under this theory, the employee must prove that membership in a protected class was a substantial factor in the decision-making process. The burden then shifts to the employer to offer evidence that it would have made the same employment decision regardless of membership in a protected class. The disparate impact test articulated in Griggs prohibits an employer from using a facially neutral practice that has an adverse impact on members of a protected class. Under the disparate impact theory, a plaintiff must prove that the evaluation methods resulted in statistically significant differences that adversely impacted members of a protected class. An employer can be held vicariously liable for sexual harassment by an employee when a nonsupervisory co-worker is the harasser if the employee can prove that the employer was negligent in either: (1) discovering the conduct, or (2) failing to respond to a sexual harassment complaint made to a supervisor. If the harassing employee is a supervisor, then the employer is strictly liable for any sexual harassment claim if the harassment culminates in a tangible employment action such as termination or transfer to a less desirable job. Title VII provides for various remedies, including injunctions, reinstatement, compensatory damages, retroactive promotions, and remedial actions by the employer.

Employment discrimination

Workplace-related discrimination in the hiring process and treatment of employees; encompasses everything from promotions and demotions to work schedules, working conditions, and disciplinary measures.

Pretext

A false reason offered to justify an action.

Equal Employment Opportunity Commission (EEOC)

A five-member federal administrative agency that administers congressional mandates that ensure adequate protection for victims of discrimination; accepts and investigates worker complaints and, in certain cases, will sue on behalf of employees.

Complaint (discrimination)

A form that an aggrieved employee files against his employer with the EEOC that details how the employee was discriminated against.

Disability

A physical or mental impairment that substantially limits a person's ability to participate in major life activities.

Bona fide occupational qualification (BFOQ)

A provision in certain federal antidiscrimination statutes that allows discrimination based on religion, gender, or national origin when it can be shown that such discrimination is reasonably necessary to the business operation.