Finance240: Chapter 43

Proof of hostile-environment sexual harassment

1) suffered intentional, unwanted discrimination because of his or her sex 2) the harassment was severe or pervasive 3) the harassment negatively affected the terms, conditions, or privileges of his or her work environment 4) the harassment was both subjectively and objectively unwelcome 5) management knew about the harassment, or should have known, and did nothing to stop it

Filing a Title VII claim of employment discrimination

1. Filing a charge with EEOC 2. EEOC Conciliation attempts 3. EEOC right-to-sue letter

Title VII of the CRA

Discrimination in employment (CRA assures everyone in the nation of certain basic rights)

Prohibits employers from refusing to hire, discharging, or discriminating in terms and conditions of employment on the basis of an employee's or applicant's being age 40 or older; applies to employers having 20 or more employees

Age Discrimination in Employment Act of 1967 (ADEA)

Prohibits discrimination against employees and job applicants with disabilities; requires that employers make reasonable accomodations to the known physical or mental disabilities of an otherwise qualified person with a disability unless the necessary accomodation would impose an undue burden on the employer's business

Americans with Disabilities Act (ADA)

Any employee who is not employed under a contract or a collective bargaining agreement may quit at any time for any reason or no reason at all, with now required notice to the employer. The employer may fire the employee at any time, with no notice, for almost any reason

At-will employee

Extended the protection of Title VII and ADA to US Citizens working abroad for American employers or for foreign corporations controlled by a US employer (unless enforcement would violate foreign law)

Civil Right Act of 1991; Employment discrimination internationally

Protects employees against discrimination based on race, color, religion, national origin, and sex. Also prohibits harassment based on same protected categories

Civil Rights Act of 1964 (CRA)- Title VII

The difference between the amount of money the plaintiff earned since the discriminatory act and the amount of money she would have earned had the act never occurred

back pay

Allows an employer to discriminate in hiring on the basis of sex, religion, or national origin (but not race or color) when doing so is necessary for the performance of the job (lift a certain amount of weight, modeling female clothing, sexual privacy)

bona fide occupational qualification Defense

A sworn statement that state the name of the charging party, the name of the defendant, and the nature of the discriminatory

charge

A test of patience for a teacher

construct-valid

A test that required a secretary to use a computer

content-valid

For violations of Title VII, a plaintiff may seek:

equitable and legal remedies

An individual may be mandatorily retired after age 65

executive exemption

Occurs when a supervisor makes a sexual demand on someone of the opposite sex and this demand is reasonably perceived as a term or condition of employment. This basis for this rule is that the supervisor would not make similar demands of someone of the same sex.

quid pro quo

A statement that the plaintiff has followed the proper initial procedures and therefore may file a lawsuuit

right-to-sue letter

If the EEOC decides not to sue, it notifies the plaintiff of his or her right to file an action and issue the plaintiff:

right-to-sue letter

"Equal" under EPA

skill, effort, responsibility, working conditions

A disabled individual, for purposes of ADA, is defined as a person who meets one of the following criteria

• Has a physical or mental impairment that substantially limits one or more of the major life activities of such individual. • Has a record of such impairment. • Is regarded as having such an impairment

Occurs when an employer sets a requirement for employment that inadvertently precludes large numbers of a protected class from employment in a particular job

Disparate impact (unintentional discrimination)

Occurs when an employee is treated differently on the basis of being a member of a protected class (race, religion, sex, national origin, color)

Disparate treatment (intentional discrimination)

Ways to prove discrimination under Title VII

Disparate treatment, Disparate Impact

Amended Title VII of the CRA to expand the definition of sex discrimination based on pregnancy; "Discrimination on the basis of pregnancy, childbirth, or related medical conditions constitutes unlawful sex discrimination"

Pregnancy Discrimination Act of 1987 (PDA)

A business is accused of violating the EPA, what are the 4 defenses?

1. bona fide seniority system 2. bona fide merit system 3. pay system based on quality or quantity of output 4. factors other than sex

Types of validation acceptable for Merit defense

1. criterion-related validity (statistical relationship between test scores and objective criteria of job performance) 2. content validity (isolates some skill used on the job and directly tests that skill) 3. construct validity (a psychological trait needed to perform the job is measured)

EEOC

Equal Employment Opportunity Commission

Prohibits an employer from paying workers or one gender less than the wages paid to employees of the opposite gender for work that requires equal skill, effort, and responsibility.

Equal Pay Act of 1963 (EPA)

"Minimum" level of protection for all workers. The states may give employees more rights, but not less

Federal Law

Defenses to a charge of discrimination under Title VII

Merit, Seniority, Bona fide occupational qualification (BFOC)

Latin for "at first view;" the evidence is sufficient to raise a presumption that discrimination occurred

Prima facie

Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct os a sexual nature that implicitly or explicitly makes submission a term or condition of employment, makes employment decisions related to the individual dependent on submission or rejection to such conduct; or has the purpose or effect of creating an intimidating, hostile, or offensive work environment. Two recognized forms are hostile environment and quid pro quo

Sexual Harassment

Usually raised when hiring or promotion decisions are partially based on test scores

The Merit Defense

Employees are given preferential treatment based on their length of service

The Seniority System Defense