Employment Discrimination

Chapter 29

HOT DEBATE – PAGE 432

Unjustified Discrimination1. A male employer hires only women because he thinks they are better employees2. A female employer hires only women because she thinks women are usually discriminated against3. An employer hires only women who are past the child bearing age4. An employer hires people under age 40Which are examples of discrimination?

Unjustified DiscriminationDiscrimination is different treatment of individuals.

Race, color, gender, national origin, or religion

Justified Discrimination: permitted and even encouraged. Favorable treatment of employee because fairly judged as dependable, skilled, creative smart, hard worker. May earn more $$ and job opportunitiesWhat’s Your Verdict? Page 433

Unjustified Discrimination

Unjustified Discrimination: identifies group characteristics that may not be considered when making employment decisions.

These people are labeled as Protected Classes (usually minorities)

Protected ClassesRace and Color: (all who are not white)

Gender: (males/females)

Pregnancy (childbearing conditions)

Age: (over the age 40)

Religion: (this includes any religion)

Disability: (physically and mentally)http://www.hulu.com/watch/213121/what-would-you-do-deaf-to-job-discrimination

National Origin: (country)What’s Your Verdict? – page 434

https://www.youtube.com/watch?v=VPXRnSIgQgI

Unjustified Discrimination

It is illegal to discriminate in any “term, condition, or privilege of employment”

Pay, promotions, training, overtime, educational opportunities, travel requirements, firings, layoffs, etc.

Employers with 15 or more employees, engaged in interstate commerce, are subject to federal law.

Workplace Discrimination (continued)

Review Part 1Page 435 #1-9, explain your answers for #6-9

Must be employed to be employed

A Class Divided

Caveat emptor

• Let the Seller beware

• Let the Buyer beware

Greatly exaggerated sales talk

• Bait and switch

• Disclaimer

• Puffing

Lawsuit made possible by the procedural joining of similarly situated plaintiffs

• Lottery

• Consent order

• Class action

• Restitution

Obligation implicitly imposed on all sellers

• Implied warranty

• Full warranty

• Express warranty

Explicit assurance of quality or performance by seller

• Implied warranty

• Full warranty

• Express warranty

Voluntary, court enforceable agreement to stop an illegal practice

• Privity of contract

• Consent order

• Disclaimer

• encumbrances

Claims of third parties against the goods

• Privity of contract

• Consent order

• Disclaimer

• Encumbrances

How Can Unequal Treatment be Proved?

Unequal Treatment (Disparate treatment): employers treat members of a protected class less favorable than others.

To be unequal, it must be intentional

Direct Evidence: must prove intentionalCompany Policy, Advertisement, Flyers

• No Irish

• No Jews need apply

• Women not accepted

How Can Unequal Treatment be Proved?

Indirect Evidence: denies intention to discriminate

Employee must show:• 1. They are member of a protected class• 2. Applied for job and was qualified• 3. They were rejected• 4. Employer held job open and sought other persons

with similar qualifications

What’s Your Verdict? Page 436

How Can Unequal Treatment be Proved?

Employer’s Defense to Discrimination:Business Necessity: employer’s actions were meant to advance the business rather than discriminate

• Defense is that employee’s skills or work history was reason for not hiring (job-relatedness)

In This Case, Page 437

How Can Unequal Treatment be Proved?

Employer’s Defense to Discrimination:Bona Fide Occupational Qualification (BFOQ)

• A job requirement that compels discrimination against a protected class

Hired Actors to play parts in a stage show. (Males/Females for certain roles)

• To be Bona Fide, the discrimination must be essential to the business

Female Flight Attendants…not necessary

How Can Unequal Treatment be Proved?

Employer’s Defenses to Discrimination:Seniority

• Rewards employees based on length of employment rather than merit and not intended to discriminate.

Unions may pay based on seniority, or lay employees off

Pretexts• A cover for discrimination

Hiring a male over female because job entails travel and female has 3 children, making it hard for her to travel. Female must prove males were hired with children.

What is Disparate Impact?

WHAT’S YOUR VERDICT? PAGE 438

Policy eliminates more members of protected classes than members of the majority

To win a suit, employee need not prove discrimination BUT identify a specific employment practice and show statistically that the practice excludes a protected class.

Businesses may use the defense of business necessity, bona fide occupational qualification, or seniority

Statistical Proof of Disparate Impact

Employee must prove fewer members qualified for job when challenging employment practice used

1. Applicant pool: those qualified for job

2. Workforce pool: persons in the workforce

In This Case – page 438

Sexual Harassment

What’s Your Verdict?Page 439

• Is the company liable for sexual harassment?

Sexual HarassmentTakes two forms:

Quid Pro Quo: • Means one thing is exchanged for another

Ex: boss threatens to fire employee unless sexual favors are done

Hostile Environment• Unwelcome sexual comments, gestures, or contact interfere

with an employee’s ability to work

Back to What’s your verdict?Shayla’s boss knew about the harassment – therefore the trucking firm would be held liable

Legislation Prohibiting Discrimination

Civil Rights Act of 1964Equal Employment Opportunity Commission

• (EEOC) – has the authority to investigate complaints of job discrimination and prosecute

Affirmative Action Plan• If an employer has discriminated, the courts may

mandate Plan must list positive steps aimed at offsetting past

discrimination

Five Acts

Civil Rights Act of 1964

Equal Pay Act of 1963Wage discrimination

Age Discrimination Act of 1967

Americans with Disabilities Act of 1990

Pregnancy Discrimination Act

Enrichment ActivityDiscrimination casesResearch Job Discrimination CaseComic Strip