Chapter 40Chapter 40EQUAL EMPLOYMENTEQUAL EMPLOYMENT

OPPORTUNITY LAWOPPORTUNITY LAW

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Title VII Title VII

Title VII of the Civil Rights Act of 1964, as Title VII of the Civil Rights Act of 1964, as amended, forbids discrimination on the basis of: amended, forbids discrimination on the basis of: race, race, color, color, religion, religion, sex, or sex, or national origin. national origin.

The EEOC administers the act. The EEOC administers the act.

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Disparate TreatmentDisparate Treatment

Exists where employer treats some individuals Exists where employer treats some individuals less favorably than others because of their race, less favorably than others because of their race, color, religion, sex or national origin.color, religion, sex or national origin.

Proof of the employer’s discriminatory motive Proof of the employer’s discriminatory motive is essential.is essential.

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Disparate ImpactDisparate Impact

Employment practices that make no reference Employment practices that make no reference to race, color, religion, sex, or national origin, to race, color, religion, sex, or national origin, but have an adverse effect on the protected but have an adverse effect on the protected group. group. The employer must show that there is a The employer must show that there is a job-related job-related

business necessitybusiness necessity for the practice in question. for the practice in question. Lack of intent is not a defense.Lack of intent is not a defense.

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Theories of Discrimination Theories of Discrimination

TYPE/FORM EXAMPLE

Disparate treatment Paying men in the same job ahigher wage than women

Disparate impact Job screening tests that excludeclasses (height and weightrequirements that serve to excludewomen)

Sexual harassment QUID PRO QUOHostile atmosphere

Exceptions: BFOQ Presbyterian for a position as aPresbyterian misister

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Title VII ViolationsTitle VII Violations

If a state EEO agency or the EEOC is not able If a state EEO agency or the EEOC is not able to resolve the case, the EEOC issues a to resolve the case, the EEOC issues a right-to-right-to-sue lettersue letter that enables the person claiming a that enables the person claiming a Title VII violation to sue in a federal district Title VII violation to sue in a federal district court. court.

Pollard v E. I. Dupont de Nemours & Co. (2001) Is “front pay” subject to a cap on damages?

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Title VII ViolationsTitle VII Violations

An affirmative action plan is legal under An affirmative action plan is legal under Title VII provided there is a voluntary “plan” Title VII provided there is a voluntary “plan” justified as a remedial measure and provided it justified as a remedial measure and provided it does not unnecessarily hinder the interests of does not unnecessarily hinder the interests of whites. whites.

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Protected Classes and ExceptionsProtected Classes and Exceptions

Race and Color.Race and Color.Religion.Religion.Sex.Sex.Sexual Harassment (employer’s may be vicariously Sexual Harassment (employer’s may be vicariously

liable for supervisors).liable for supervisors). Quid Pro Quo cases.Quid Pro Quo cases. Hostile Work Environment.Hostile Work Environment. Non-supervisors.Non-supervisors.

National Origin.National Origin. Lack of English Language.Lack of English Language.

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DefensesDefenses

Employers have several defenses they may Employers have several defenses they may raise in a Title VII case to explain differences raise in a Title VII case to explain differences in employment conditions. in employment conditions. (1) bona fide occupational qualifications reasonably (1) bona fide occupational qualifications reasonably

necessary to the normal operation of the business,necessary to the normal operation of the business, (2) job-related professionally developed ability (2) job-related professionally developed ability

tests, and tests, and (3) bona fide seniority systems. (3) bona fide seniority systems.

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Affirmative Action Affirmative Action and Reverse Discriminationand Reverse Discrimination

Employers may have permissible Affirmation Employers may have permissible Affirmation Action Plans:Action Plans: Plan is remedial in nature, voluntary and temporary.Plan is remedial in nature, voluntary and temporary.

Reverse Discrimination.Reverse Discrimination. AAP may discriminate against non-minorities.AAP may discriminate against non-minorities.

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Other EEO LawsOther EEO Laws

Under the Equal Pay Act (EPA), employers Under the Equal Pay Act (EPA), employers must not pay employees of one gender a lower must not pay employees of one gender a lower wage rate than the rate paid to employees of the wage rate than the rate paid to employees of the other gender for substantially equal work. other gender for substantially equal work.

Workers over 40 years old are protected from Workers over 40 years old are protected from discrimination by the Age Discrimination in discrimination by the Age Discrimination in Employment Act (ADEA). Employment Act (ADEA).

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The Americans with Disabilities Act The Americans with Disabilities Act (ADA) prohibit employment discrimination (ADA) prohibit employment discrimination against persons with disabilities. against persons with disabilities.

Under the ADA, employers must make Under the ADA, employers must make reasonable accommodations without undue reasonable accommodations without undue hardship on them to enable individuals with hardship on them to enable individuals with disabilities to work.disabilities to work.

ADAADA

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STATUTE COVERAGE

Title VII of the Civil Rights Actof 1964 (Amended)

Prohibits discrimination on thebasis of race, color, religion, sex,or national origin

Equal Pay Act of 1963 (EPA) Prohibits payment of differentsalaries for equal work

Pregnancy Discrimination Act(1974)

Prohibits discrimination on thebasis of pregnancy or familyplanning

Age Discrimination EmploymentAct (ADEA)

Prohibits discrimination on thebasis of age

Americans with Disabilit ies Act(ADA)

Prohibits discrimination on thebasis of disability; requiresreasonable accommodation ofindividuals with disabilit ies

Review: Antidiscrimination LawsReview: Antidiscrimination Laws