Chapter 19 (Exam III)
Equal work means
"Equal work" means tasks that require equal skill, effort, and responsibility under similar working conditions.
Sex in workplace
"gender must be irrelevant to employment decisions." Title 7 forbids sexual stereotyping
The required steps in a disparate treatment case are:
1. The plaintiff presents evidence that: She belongs to a protected category under Title VII, She suffered adverse employment action, and This action occurred under conditions giving rise to an inference of discrimination. 2. The defendant must present evidence that its decision was based on legitimate, nondiscriminatory reasons. 3.To win, the plaintiff must now prove that the employer intentionally discriminated, although this motive can be inferred from differences in treatment.
The required steps in a disparate impact case are:
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, the plaintiff must now prove either that the employer's reason is a pretext or that other, less discriminatory, rules would achieve the same results.
Merit
A defendant is not liable if he shows that the person he favored was the most qualified.
disablity
A disabled person is someone with a physical or mental impairment that substantially limits a major life activity or the operation of a major bodily function or someone who is regarded as having such an impairment.
seniority
A legitimate seniority system is legal even if it perpetuates past discrimination.
Civil rights act of 1866
all people born in the US (except Native Americans) were citizens of the US and have same rights as white citizens. It has been interpreted to prohibit racial discrimination in both private and public employment (except it does not apply to the federal government).
Medical exams
applicants - cannot require a medical exam but can ask if the worker can perform the work. Entering employees - may require a test but it must be required for all employees, treated as confidential Exisitng employees, only able to determine if theyre still able to perform the existing job functions.
prima facie
at first sight, something that appears to be true upon first look.
Bona Fide occupational qualification (BFOQ)
An employer is permitted to establish discriminatory job requirements if they are essential to the position in question.
relationship with disabled person
An employer may not discriminate against someone because of his relationship with a disabled person.
Willoughby v. Conn Container corp
Diabetes consider willoughby to be disabled, Once CCC was aware of his disability, it was required to make reasonable accommodation, whether or not the employee requested it. CCC failed to make reasonable accommodations.
Disparate impact
Disparate impact applies if the employer has a rule that, on its face, is not discriminatory, but in practice excludes too many people in a protected category.
Religion in workplace
Employers cannot discriminate against a worker because of his religious beliefs. In addition, employers must make reasonable accommodation for a worker's religious practices unless the request would cause undue hardship for the business.
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.
family responsibility discrimination
Family responsibility discrimination is a violation of Title VII if it involves men and women being treated different
Enforcement: Civil rights act of 1866
For plaintiffs alleging racial discrimination, the Civil Rights Act of 1866 offers substantial advantages over Title VII: A four-year statute of limitations (versus less than a year under Title VII) Unlimited compensatory and punitive damages (which, in one case, amounted to $7 million) Applicability to all employers, not just those with 15 or more employees not enforced by EEOC so the plaintiff has to do its own bidding
3 sources of Affirmative action
Litigation - courts have power to order it to remedy the effects of past discrimination Voluntary action - employers can voluntary introduce it to remedy the effects government contracts can use only if - it can show that the programs are needed to overcome specific past discrimination, they have time limits, and nondiscriminatory alternatives are not available.
Reverse Racism
Making an employment decision that harms a white person or a man because of his gender, color, or race.
Accomodating the disabled worker
Once it is established that a worker is disabled, employers may not discriminate on the basis of disability as long as the worker can, with reasonable accommodation, perform the essential functions of the job. An accommodation is unreasonable if it would create undue hardship for the employer
the courts recognize three situations in which employers may consider customer preference:
Safety Privacy Authenticity
Plessy v. Ferguson (1896)
Separate but equal court ruling
15th Amendment (1870)
States cannot deny any person the right to vote because of race.
Reid V. Google
T]he stray remarks cases merely demonstrate the common-sense proposition that a slur, in and of itself, does not prove actionable discrimination.
Americans with Disabilities Act
The Americans with Disabilities Act (ADA) prohibits employers with 15 or more workers from discriminating on the basis of disability.
The rehabilitation act of 1973
The Rehabilitation Act of 1973 prohibits discrimination on the basis of disability by the executive branch of the federal government, federal contractors, and entities that receive federal funds
Gatter V. IKA-Works Inc
The court found IKA was negligent and that Gatter did have a case for hostile work environment and Ika's summary judgement is denied.
Disparate treatment and disparate impact for disabilities
The plaintiff must offer prima facie evidence that the employer discriminated because of his disability. The employer must then offer a legitimate, nondiscriminatory reason for its action. To win, the plaintiff must now prove that the employer intentionally discriminated. She may do so either by showing that the reasons offered were simply a pretext or that a discriminatory intent is more likely than not. To win a disparate impact case, the plaintiff must show that a policy that looks neutral falls more harshly on a protected group and cannot be justified by business necessity.
sexual orientation
The specific language of Title VII does not include sexual orientation as a protected category, but some courts now interpret the statute to include it as one
Affirmative Action
These programs remedy the effects of past discrimination
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. However, a defendant can defeat a retaliation claim by showing that there were other, nondiscriminatory reasons for his action.
Disparate Treatment
To prove a disparate treatment case, the plaintiff must show that she was treated less favorably than others because of her sex, race, color, religion, or national origin.
Bona Fide Occupational Qualification for age discrimination
To set a maximum age, the employer must show that: The age limit is reasonably necessary to the essence of the business and either Virtually everyone that age is unqualified for the job or Age is the only way an employer can determine who is qualified.
Attractiveness in workpalce
Unattractiveness is not a protected category under title 7
Mental Disabilities
Under EEOC rules, physical and mental disabilities are to be treated the same
Geneetic information nondiscrimination act
Under GINA, employers with 15 or more workers may not require genetic testing, or use information about genetic makeup or family medical history as a factor in hiring, firing, or promoting employees.
the Civil rights act of 1964
Under Title VII of the Civil Rights Act of 1964, it is illegal for employers with 15 or more employees 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 noncitizens because "national origin" is a protected category.
Disparate impact on age discrimination
Under the ADEA a disparate impact case requires only two steps: The plaintiffs must present a prima facie case that the employment practice in question excludes a disproportionate number of people 40 and older. The employer wins if it can show that the discriminatory decision was based on a reasonable factor other than age.
Disparate treatment for age discrimination
Under the ADEA, a disparate treatment case requires three steps: The plaintiff must show that: He is 40 or older, He suffered an adverse employment action, He was qualified for the job for which he was fired or not hired, and He was replaced by a younger person. The employer must present evidence that its decision was based on legitimate, nondiscriminatory reasons. The plaintiff must show that: The employer's reasons are a pretext; In fact, the employer intentionally discriminated; and But for the plaintiff's age, the employer would not have taken the action it did.
Age Discrimination in Employment Act
Under the Age Discrimination in Employment Act (ADEA), an employer with 20 or more workers may not fire, refuse to hire, fail to promote, or otherwise reduce a person's employment opportunities because he is 40 or older
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.
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.
Prohibited Activities under civil rights act of 1964
disparate treatment, disparate impact, hostile environment, and retaliation.
14th Amendment
due process and equal protection under law The courts have interpreted these provisions to prohibit employment discrimination by federal, state, and local governments.
Defenses to Charges of Discrimination
merit, seniority, bona fide occupational qualification
obesity
overweight is not a disability unless it has some underlying physiological cause. morbidly obease is a disability.
protected categories
race, color, religion, sex, or national origin
quid pro quo
something given in exchange or return for something else
Standard of proof for age discrimination
standard of proof is tougher in an age discrimination case than in Title VII litigation because, under the ADEA, the plaintiff must show that age was not just one factor, it was the deciding factor.
Gender identity and expression
the EEOC ruled that discriminating against someone for being transgender is a violation of Title VII
Gulino vs. board of education
the board violated Title 7 bc the LAST was not job related
but for causation
the retaliatory action would not have occurred if it were not for the defendant's discriminatory intent
Other statutory claims
Before a plaintiff can bring suit under any of these statutes (except the Equal Pay Act), she must first file a charge with the EEOC
13th Amendment (1865)
Abolition of slavery w/o compensation for slave-owners
Background and credit checsk
cannot use criminal history to adverse impact on employees in a protected category if background information is irrelevant in determining weather the employee is appropriate for the job Employers may not consider arrest records bc that is not evidence of wrong-doing. The EEOC also discourages the use of credit checks because minorities tend to have worse credit ratings than whites.
Employer Liability for harassment
company is liable if they knew or should have known about the conduct and failed to stop it. the company is still liable unless it can prove that it used reasonable care to prevent and correct harassing behavior, and the employee unreasonably failed to take advantage of the complaint procedure or other preventive opportunities provided by the company.
Enforcement: rehabilitation act of 1973
enforced by the EEOC (for claims against the executive branch of the federal government), the Department of Labor (for claims against federal contractors), and the Department of Justice (for claims against entities that receive federal funds).
same-sex harassment
harassment where harassers choose to harass people of the same sex