Title VII of the Civil Rights Act of 1964

Civil Rights Act of 1991

-Established the Glass Ceiling Commission to determine if women and minorities were underrepresented in management and decision-making positions -Amended the Civil Rights Act of 1964 to allow jury trials and punitive damages in addition to back pay for all claims of intentional discrimination under Title VII, not just race and ethnic discrimination -Act also prohibits race norming, where test scores were affected by race and ethnicity

Bona Fide Occupational Qualification (BFOQ)

-If the employer can prove that members of the excluded class could not safely and effectively perform essential job duties and the employer must have a factual basis for claiming this -Applies to religion, gender, or national origin (NOT race and color)

Systematic Disparate Treatment: What it is

-Plaintiffs challenge broad sweeping employment policies that are discriminatory -

Title VII Protects Individuals Based On:

-Race -Color -National Origin -Sex -Religion

BFOQ Exceptions

-Religion - religious employers can hire individuals who hold to its religious tenets and beliefs and exclude others -Sex - health care settings (female victims of abuse) -Age - safety concerns (bus drivers) -National Origin - Culturally authentic experiences (Walt Disney)

Title VII: Who Administers It

-US Equal Employment Opportunity Commission (EEOC) is in charge with administering Title VII -If the EEOC does not want to take a case to court, one can privately seek justice through the court systems

Prima Facie

Latin for "at first look" or "on its face". Refers to a lawsuit or criminal prosecution in which the evidence before trial is sufficient to prove the case

Individual Disparate Treatment: Ways to Prove Discrimination (3)

Once this is proven, the employee must prove that the legitimate reason is a pretext for intentional discrimination. This is accomplished by: -Providing direct evidence of prejudice toward the plaintiff or members of the protected class -Presenting statistical evidence -Presenting comparative evidence that members of a protected class were treated less favorably or members of the majority were treated favorably

Systematic Disparate Treatment: More to Know

Plaintiff must establish a presumption of a discriminatory pattern or proactive -Done through statistical evidence and individual discriminatory treatment Defense must demonstrate why an inference of discrimination could not be drawn from the plaintiff's evidence

Based on Sex

Does not protect sexual orientation, but does protect transgendered individuals

Individual Disparate Treatment: Ways to Prove Discrimination (2)

Employees must prove their decision was based on a legitimate, nondiscriminatory reason (Based on production)

Disparate Treatment

an individual (employee) is treated differently based upon a protected characteristic

Based on Religion

-Employers must make a reasonable accommodation to an employee's religious practices... -...Unless it would place an undue hardship on the employer

Applicant can claim discrimination by proving the following:

-Applicant is a member of a protected class -Applicant applied for a job for which the employer was seeking candidates -Applicant was qualified to perform job -Applicant was not hired -Employer continued to seek applicants after rejection

Individual Disparate Treatment: Ways to Prove Discrimination (1)

-Direct Evidence of Intent from the Defendant's Statements -Inference: Established by comparing how an employer treats similarly situated employees of different protected classes

Employees can claim discrimination by proving the following:

-Employee is a member of a protected class -Employee was performing the task satisfactorily -Employee was discharged or adversely affected by change in working conditions -Employee's work was assigned to one in a non-majority category

Title VII: What it is

Broadly prohibits discrimination in employment -applies to employers with 15 or more employees working at least 20 calendar weeks whose organizations affect interstate commerce -Excluded from the US government, some departments of DC, Native American tribes, and private clubs

Disparate Impact Discrimination

When a plaintiff is challenging a neutral employment practice, regardless of intent, that has a discriminatory effect on a protected group