Ch.3 Federal Equal Employment Opportunity Laws and Other Employee Protections

four-fifths rule

- A rule of thumb followed by the EEOC in determining adverse impact for use in enforcement proceedings - A selection rate for any race, sex, or ethnic group which is less than four-fifths (or 80%) of the rate for the group with the highest rate will generally be regarded by the Federal enforcement agencies as evidence of disparate impact

employment at will

- An employer may discharge an employee for any reason not prohibited by law or for no reason. Likewise, an employee is free to leave a job at any time for any or no reason with no adverse legal consequences. - exceptions 1) Public policy exception -if a discharge would violate the state's public policy or a state or federal statute. 2) Implied contract exception - when an implied contract is formed between an employer and employee, even though no express, written instrument regarding the employment relationship exists. 3) Good-faith and fair dealing exception - When an employee has an employment contract, whether express or implied, that contract contains an unspoken covenant of good faith and fair dealing. This means that an employer owes an employee a duty to act in good faith and to deal fairly with him/her. The covenant goes both ways, meaning the employee has the same duty to the employer.

Disparate Impact

- Disparate impact occurs when an employer's policy or practice, neutral on its face and in its application, has a negative effect on the employment opportunities of protected-class individuals

Family and Medical Leave Act

- Eligible employees may take up to 12 workweeks (every twelve months) of unpaid, job-protected leave with continuation of health insurance for: birth and care of a child within 1st year of birth; to care for an adopted or foster child within the 1st year of placement; to care for the employee's spouse, child, or parent who has a serious health condition; a serious health condition where the employee cannot perform essential function of position - Not all employees are eligible for leave under FMLA. An employee who qualifies as a 'key employee' may be denied restoration to employment

Immigration Reform and Control Act

- It is illegal for employers to discriminate in respect to hiring, firing, or recruitment or referral for a fee based on an individuals' citizenship or immigration status unless required to do so by law, regulations, or governmental contracts. -It also prohibits employers from preferring to hire temporary visa holders or undocumented workers over qualified US citizens or other protected individuals, such as refuges or individuals granted asylum.

Americans with Disabilities Act (ADA)

- Qualified individuals with disabilities may not be discriminated against on the basis of disability in all aspects of the employment relationship, from the application stage through retirement. - The ADA defines discrimination to include both intentional and unintentional discrimination. It also requires employers to 'reasonably accommodate' employees' disabilities unless to do so would result in undue hardship to the employer. - To be considered qualified under ADA, an individual must be able to perform the 'essential functions of the position, meaning that he or she must satisfy the prerequisites for the position and be able to perform the essential functions of the job with or without reasonable accommodation. - Employers must provide those who are disabled with reasonable accommodations that do not place an 'undue hardship' on the organization. - 'Reasonable accommodation' is defined to include restructuring jobs, modifying work schedules, hiring readers or interpreters, reassigning job incumbents to vacant positions, making facilities readily accessible, acquiring equipment, and modifying materials and current policies.

Bona Fide Occupational Qualification

- Section 703(e)(1) of Title VII permits an employer to discriminate on religion, sex, or national origin in instances where religion, sex, or national origin is a bonafide occupational qualification reasonably necessary to the normal operation of that particular business or enterprise. - This is an exception and complete defense to Title VII of the Civil Rights Act of 1964 which protects employees from discrimination based on religion, sex, age, national origin and color at the workplace. - In order to establish the defense of BFOQ, an employer must prove the requirement is necessary to the success of the business and that a definable group or class of employees would be unable to perform the job safely and efficiently. - The burden of proof is on the employer to justify any BFOQ claims.

The Age Discrimination in Employment Act

- The Age Discrimination in Employment Act (ADEA) was enacted to prohibit discrimination in employment because of age in matters pertaining to selection, job retention, compensation, and other terms and conditions of employment. - Compulsory retirement for most jobs is illegal. But, there are certain exceptions to the protected age group specified in the statute, including an exception allowing state and localities to set maximum hiring ages and mandatory retirement ages for police and firefighting personnel, so long as the mandatory retirement age is not less than fifty-five.

Title VII of the Civil Rights Act of 1964

- Title VII of the Civil Rights Act of 1964 is the best known of all the federal laws prohibiting employment discrimination; it prohibits discrimination based on race, color, religion, sex, or national origin. - Title VII prohibits an employer from 'intentionally' treating an individual differently and/or harassing him or her because of that individual's race, color, religion, sex, or national origin. - Title VII also outlaws 'unintentional discrimination' that arises when a facially neutral practice (e.g., scored test) disproportionately affects a particular protected group ('disparate impact').

disparate treatment

- When an employer treats an employee of a protected class differently from a nonprotected class employee in a similar situation -Factors to be reviewed: 1) The applicant or employee is a member of a class protected by the statute alleged to be violated (sex, race, age, national origin) 2) The applicant or employee applied for the vacancy and is qualified to perform the job 3) Although qualified, the applicant or employee was rejected 4) After rejection, the vacancy remained, and the employer continued to seek applications from persons of equal qualification.

whistle-blower protection

- Whistle-blower laws and policies are designed to protect employee who report wrongdoing, illegal conduct, internal fraud, and discrimination from retaliation. - Public, nonprofit, and for-profit employees are typically covered by whistle-blower protection or anti-retaliation laws. - Human Resource managers must let employees know that it is safe to report wrongdoing through internal processes and should train supervisors and managers to be receptive to employee concerns. - Non-retaliation policies must be created, disseminated, and enforced.

constitutional constraints on the public employee

- expressive rights: balancing test - freedom of association - equal protection of the law - privacy rights - due process rights - limits on political participation

Equal Employment Opportunity Act of 1972

The Equal Employment Opportunity Commission is responsible for receiving and processing charge of discrimination filed by government employees

affirmative action

proactive efforts to diversify the workplace in terms of race, ethnicity, gender, and disabilities