Anti-Discrimination Law: Title VII of the Civil Rights Act of 1964

Disparate Impact

-Facially neutral treatment, unjustifiably and disproportionately affecting a particular group -Neutral practice with discriminatory impact -"built in headwind" for protected group -Proven by statistics -Guideline - Four-fifths rule (EEOC)

The Statute

-It shall be an unlawful employment practice for an employer ─ -to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment because of such individual's race, color, religion, sex, or national origin; or -To limit, segregate, or classify his employees or applicants for employment in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his status as an employee, because of such individual's race, color, religion, sex, or national origin.

Filing a Claim: EEOC

-Within 10 days of the claim, the EEOC serves notice of the charge to the employer. -Anti-retaliation provisions -EEOC claims in 2004: -34.9% - race -30.5% - gender -25.5% - retaliation

Title VII

-employment section of the act -state laws exist paralleling Title VII

Max Title VII Awards

15-100 EEs: <$50,000 101-200: <$100,000 201-500: <$200,000 500+: <$300,000

Who must comply with Title VII

Employers if they have: -Fifteen or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year. Labor organizations of any kind (eg unions) Employment agencies (eg temp agencies) engaged in interstate commerce Public and private employees Undocumented workers -may not be eligible for certain forms of relief, such as reinstatement and back pay

Who is not covered by Title VII

-Employers < 15 (fed) or < 3 employees (CT) -Employers that are not engaged in interstate commerce -Non-U.S. citizens employed by U.S. firms outside the United States -Employees of religious institutions, associations, or corporations hired to perform work connected with carrying on religious activities -Members of Communist organizations -Employers employing Native Americans living in or around Native American reservations

Mediation

-Attempt to streamline the EEOC case handling process -Alternative to a full-blown EEOC investigation -Universal mediation agreements -60 to 70 percent of incoming cases are offered mediation -Agreements reached are binding

Remedies Under Title VII

-Back pay -Front pay -Reinstatement -Seniority -Retroactive seniority -Injunctive relief -Compensatory damages -Punitive damages -Attorney fees

How are Title VII claims proved in federal court?

-Disparate Treatment or -Disparate Impact

Filing a Claim

-Do not proceed directly to federal court -File with the EEOC / CCHRO -58,328 charges filed with the EEOC in fiscal year 2004. -When: Generally within 180 days of the discriminatory event -Within 45 days for federal employees -Within 300 days if state or local law also applies

If no reasonable cause found...

-EEOC gives EE a "right to sue" letter -EE has now "exhausted administrative remedies" -EE can sue ER within 90 days of receiving letter in federal court

If parties can't/won't mediate...

-EEOC investigates to determine whether "reasonable cause" or "no reasonable cause" of Title VII violation -If RC - EEOC attempts to settle dispute with EEO investigator -Most claims end here -If not, then EEOC can file suit against employer in federal court

Business Necessity Defense

-ER can state that employment practice consistent with "business necessity" -EX: credit history request results in less women hired; ER states it needs policy because business handles large sums of money - hiring people with stable credit history a business necessity -No "bottom line" defense - ER cannot create quotas to circumvent unfair employment tools. Read Connecticut v. Teal p.100 -Equal employment (no) vs. Equal employment opportunity (yes)

Determining Discrimination

Adverse Rejection Rate, or Four-Fifths Rule -Rule of thumb followed by the EEOC -Adverse impact when the selection rate for any racial, ethnic, or sex class is less than four-fifths (or 80 percent) of the rate of the class with the highest selection rate. -Not a legal definition of discrimination -Used as monitoring device

Connecticut Fair Employment Practices Act (CFEPA)

C.G.S. § 46a-51(10) - " 'Employer' includes the state and all political subdivisions thereof and means any person or employer with three or more persons in such person's or employer's employ..."

Disparate Treatment

intentionally treating individuals differently based on race, color, religion, age, etc...

Civil Rights Act of 1964

prohibits discrimination in housing, education, employment, public accommodations, and the receipt of federal funds on the basis of race, color, gender, national origin, or religion