Gender Equity

FEDERAL LAWS

PROHIBITING JOB

DISCRIMINATION

TABLE OF CONTENTS

Introduction

Introduction to

Title VII Regulatio

nsTitle VII

Regulations

INTRODUCTION

INTRODUCTION

This lesson covers the rules and regulations regarding equal employment opportunities for all.

It is important to review what was happening before 1964 to appreciate the enactment of federal laws that prohibit discrimination.

INTRODUCTIONFederal Laws Prohibiting

Job Discrimination

INTRODUCTION

•Employment and income could be based on race, gender, religion, color, national origin, disability, and or age

Before Title VIIBefore Federal Prohibiting

Discrimination

INTRODUCTION

Most often separate was not equal.

Before Title VII

INTRODUCTION

Racial segregation occurred in:

•Schools •Restaurants •Hotels •Housing•Hospitals•Transportation •Military

Before Federal Prohibiting Discrimination

INTRODUCTION

It was because leaders such as Rosa Parks, Martin Luther King Jr., President John F Kennedy, President Lyndon B Johnson, and countless nonviolent activists civil rights became law.

Before Title VII

TITLE VII REGULATIONS

However it happened in spite of strong opposition. An Example of such is as follows:

The word "sex" was added to the Civil Fight Act of 1964 at the last moment. According to the West Encyclopedia of American Law, Representative Howard W. Smith (D-VA) added the word. His critics argued that Smith, a conservative Southern opponent of federal civil rights, did so to kill the entire bill. Smith, however, argued that he had amended the bill in keeping with his support of Alice Paul and the National Women's Party with whom he had been working.

Title VII (1964)

TITLE VII REGULATIONS

Martha W. Griffi ths (D-MI) led the effort to keep the word "sex" in the bill. In the final legislation, Section 703 (a) made it unlawful 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 or employment, because of such individual's race, color, religion, sex, or national origin.”

Title VII (1964)

TITLE VII REGULATIONS

The final Law states: It shall be an unlawful employment practice for an employment agency to fail or refuse to refer for employment, or otherwise to discriminate against, any individual because of his race, color, religion, sex, or national origin, or to classify or refer for employment any individual on the basis of his race, color, religion, sex, or national origin.

Discrimination

The Civil Rights Act of 1964 States: To enforce the constitutional right to vote, to confer jurisdiction upon the district courts of the United States to provide injunctive relief against discrimination in public accommodations, to authorize the attorney General to institute suits to protect constitutional rights in public facilities and public education, to extend the Commission on Civil Rights, to prevent discrimination in federally assisted programs, to establish a Commission on Equal Employment Opportunity, and for other purposes.

TITLE VII REGULATIONS

TITLE VII REGULATIONS

It shall be an unlawful employment practice for an employer –

(1) 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

Discrimination

It shall be an unlawful employment practice for an employer –

2) 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.

TITLE VII REGULATIONS

Qualified Employee

TITLE VII REGULATIONS

It shall be an unlawful employment practice for any employer, labor organization, or joint labor- management committee controlling apprenticeship or other training or retraining, including on -the- job training programs to discriminate against any individual because of his race, color, religion, sex, or national origin in admission to, or employment in, any program established to provide apprenticeship or other training.

Training

TITLE VII REGULATIONS

Notwithstanding any other provision of this subchapter, it shall not be an unlawful employment practice for an employer to apply diff erent standards of compensation, or diff erent terms, conditions, or privileges of employment pursuant to a bona fide seniority or merit system, or a system which measures earnings by quantity or quality of production or to employees who work in diff erent locations, provided that such diff erences are not the result of an intention to discriminate because of race, color, religion, sex, or national origin, …

Compensation

TITLE VII REGULATIONS

…nor shall it be an unlawful employment practice for an employer to give and to act upon the results of any professionally developed ability test provided that such test, its administration or action upon the results is not designed, intended or used to discriminate because of race, color, religion, sex or national origin…

Testing

TITLE VII REGULATIONS

…It shall not be an unlawful employment practice under this subchapter for any employer to differentiate upon the basis of sex in determining the amount of the wages or compensation paid or to be paid to employees of such employer if such differentiation is authorized by the provisions of section 206(d) of Title 29 [section 6(d) of the Labor Standards Act of 1938, as amended].

Compensation

TITLE VII REGULATIONS

Nothing shall be interpreted to require any employer, employment agency, labor organization, or joint labor- management committee subject to this subchapter to grant preferential treatment to any individual or to any group because of the race, color, religion, sex, or national origin of such individual or group on account of an imbalance…

Quota

TITLE VII REGULATIONS

… which may exist with respect to the total number or percentage of persons of any race, color, religion, sex, or national origin employed by any employer, referred or classified for employment by any employment agency or labor organization, admitted to membership or classified by any labor organization, or admitted to, or employed in, any apprenticeship or other training program, …

Quota

TITLE VII REGULATIONS

… which may exist with respect to the total number or percentage of persons of any race, color, religion, sex, or national origin employed by any employer, referred or classified for employment by any employment agency or labor organization, admitted to membership or classified by any labor organization, or admitted to, or employed in, any apprenticeship or other training program, …

Quota

TITLE VII REGULATIONS

… in comparison with the total number or percentage of persons of such race, color, religion, sex, or national origin in any community, State, section, or other area, or in the available work force in any community, State, section, or other area.

Quota

TITLE VII REGULATIONS

It shall be an unlawful employment practice for a respondent, in connection with the selection or referral of applicants or candidates for employment or promotion, to adjust the scores of, use different cutoff scores for, or otherwise alter the results of, employment related tests on the basis of race, color, religion, sex, or national origin.

Employment Practice

TITLE VII REGULATIONS

Pregnancy Based Discrimination - Pregnancy, childbirth, and related medical conditions must be treated in the same way as other temporary illnesses or conditions.

Sex Discrimination

TITLE VII REGULATIONS

Sexual Harassment - This includes practices ranging from direct requests for sexual favors to workplace conditions that create a hostile environment for persons of either gender, including same sex harassment. (The "hostile environment" standard also applies to harassment on the bases of race, color, national origin, religion, age, and disability.)

Sex Discrimination

SEXUAL HARASSMENT

To better understand sexual harassment, we’re going to address the what, the who, and the where.

WHAT

WHO

WHERE

SEXUAL HARASSMENT

According to the U.S. Department of Education:

“Sexual harassment is unwelcome

conduct of a sexual nature.”

WHAT is sexual harassment?

SEXUAL HARASSMENT

It can include:

“unwelcome sexual advances, requests for sexual favors, and other verbal,

nonverbal, or physical conduct of a

sexual nature.”

WHAT is sexual harassment?

unwelcome sexual advances

requests for sexual favors

verbal, non-verbal, or physical conduct of a

sexual nature

The question above actually asks:

• Who can be an off ender of sexual harassment?

And,

• Who can be a victim of sexual harassment?

SEXUAL HARASSMENT

WHO does sexual harassment apply to?

SEXUAL HARASSMENT

An off ender can be either a supervisor, co-worker, male or female.

WHO does sexual harassment apply to?

SEXUAL HARASSMENT

A victim can be any employee.

And just as an off ender can be either male or female, a victim can also be either male or female.

WHO does sexual harassment apply to?

Examples include:

• Any conference or extra-curricular activity that is either on or off campus

• A training program offered on or off campus

• Within a transportation vehicle to or from such an activity

SEXUAL HARASSMENT

WHERE can sexual harassment occur?

OTHER FEDERAL LAWS PROHIBITING JOB DISCRIMINATION

The Equal Pay Act of 1963 (EPA) .

Age Discrimination in Employment Act of 1967 .

Title I and Title V of the Americans with Disabilities Act of 1990, as amended (ADA) .

Sections 501 and 505 of the Rehabilitation Act of 1973 .

Title II of the Genetic Information Nondiscrimination Act of 2008 .

the Civil Rights Act of 1991

THE EQUAL PAY ACT OF 1963 (EPA)

which protects men and women who perform substantially equal work in the same establishment from sex-based wage discrimination

Sex Biased Wage

THE EQUAL PAY ACT OF 1963 (EPA)

•Employers may not reduce wages of either sex to equalize pay between men and women. •A violation of the EPA may occur where a different wage was/is paid to a person who worked in the same job before or after an employee of the opposite sex.

Sex Biased Wage

AGE DISCRIMINATION IN EMPLOYMENT ACT OF 1967

(ADEA)

which protects individuals who are 40 years of age or older

Age -Over 40

AGE DISCRIMINATION IN EMPLOYMENT ACT OF 1967

(ADEA)

•statements or specifications in job notices or advertisements of age preference and limitations. An age limit may only be specified in the rare circumstance where age has been proven to be a bona fide occupational qualification (BFOQ); •discrimination on the basis of age by apprenticeship programs, including joint labor-management apprenticeship programs; and •denial of benefits to older employees. An employer may reduce benefits based on age only if the cost of providing the reduced benefits to older workers is the same as the cost of providing benefits to younger workers.

The ADEA's broad ban against age discrimination also specifically prohibits:

TITLE I AND TITLE V OF THE AMERICANS WITH DISABILITIES ACT OF 1990, AS

AMENDED (ADA)

which prohibit employment discrimination against qualified individuals with disabilities in the private sector, and in state and local governments

Disability

TITLE I AND TITLE V OF THE AMERICANS WITH DISABILITIES ACT OF 1990, AS

AMENDED (ADA)

a person who has a physical or mental impairment that substantially limits one or more major life activities, has a record of such impairment, or is regarded as having a disability. An entity subject to the ADA regards someone as having a disability when it takes an action prohibited by the ADA based on an actual or perceived impairment, except if the impairment is both transitory (lasting or expected to last six months or less) and minor. Major life activities are basic activities that most people in the general population can perform with little or no diffi culty such as walking, breathing, seeing, hearing, speaking, learning, thinking, and eating. Major life activities also include the operation of a major bodily function, such as functions of the immune system normal cell growth, brain, neurological, and endocrine functions.

Individual with a Disability

TITLE I AND TITLE V OF THE AMERICANS WITH DISABILITIES ACT OF 1990, AS

AMENDED (ADA)

An individual with a disability is "qualifi ed" if he or she satisfi es skill, experience, education, and other job-related requirements of the position held or desired, and who, with or without reasonable accommodation, can perform the essential functions of that position.

Qualified

TITLE I AND TITLE V OF THE AMERICANS WITH DISABILITIES ACT OF 1990, AS

AMENDED (ADA)

may include making existing facilities used by employees readily accessible to and usable by persons with disabilities; job restructuring; modification of work schedules; providing additional unpaid leave; reassignment to a vacant position; acquiring or modifying equipment or devices; adjusting or modifying examinations, training materials, or policies; and providing qualified readers or interpreters. Accommodation may be necessary to apply for a job, to perform job functions, or to enjoy the benefits and privileges of employment that are enjoyed by people without disabilities. An employer is not required to lower production standards. An employer is not obligated to provide personal use items such as eyeglasses or hearing aids. A person who only meets the "regarded as" definition of disability is not entitled to receive a reasonable accommodation.

Reasonable Accommodation

TITLE I AND TITLE V OF THE AMERICANS WITH DISABILITIES ACT OF 1990, AS

AMENDED (ADA)

An employer is required to make a reasonable accommodation to a qualified individual with a disability unless doing so would impose an undue hardship on the operation of the employer's business. Undue hardship means an action that requires significant diffi culty or expense when considered in relation to factors such as a business' size, financial resources, and the nature and structure of its operation.

Undue Hardship

TITLE I AND TITLE V OF THE AMERICANS WITH DISABILITIES ACT OF 1990, AS

AMENDED (ADA)

Before making an offer of employment, an employer may not ask job applicants about the existence, nature, or severity of a disability. Applicants may be asked about their ability to perform job functions. A job offer may be conditioned on the results of a medical examination, but only if the examination is required for all entering employees in the same job category. Medical examinations of employees must be job-related and consistent with business necessity.

Prohibited Inquiries and Examinations

TITLE I AND TITLE V OF THE AMERICANS WITH DISABILITIES ACT OF 1990, AS

AMENDED (ADA)

Employees and applicants currently engaging in the illegal use of drugs are not protected by the ADA when an employer acts on the basis of such use. Tests for illegal use of drugs are not considered medical examinations and, therefore, are not subject to the ADA's restrictions on medical examinations. Employers may hold individuals who are illegally using drugs and individuals with alcoholism to the same standards of performance as other employees.

Drug and Alcohol Use

SECTIONS 501 AND 505 OF THE REHABILITATION ACT OF 1973

which prohibit discrimination against qualified individuals with disabilities who work in the federal government

Disability

TITLE II OF THE GENETIC INFORMATION NONDISCRIMINATION ACT OF 2008

(GINA),

prohibits employment discrimination based on genetic information about an applicant, employee, or former employee

Genetic Information

TITLE II OF THE GENETIC INFORMATION NONDISCRIMINATION ACT OF 2008

(GINA),

GINA prohibits discrimination against applicants, employees, and former employees on the basis of genetic information. This includes a prohibition on the use of genetic information in all employment decisions; restrictions on the ability of employers and other covered entities to request or to acquire genetic information, with limited exceptions; and a requirement to maintain the confidentiality of any genetic information acquired, with limited exceptions.

Genetic Information

CIVIL RIGHTS ACT OF 1991

provides monetary damages in cases of intentional employment discrimination.

Damages

CIVIL RIGHTS ACT OF 1991

The Civil Rights Act of 1991 made major changes in the federal laws against employment discrimination enforced by EEOC. Enacted in part to reverse several Supreme Court decisions that limited the rights of persons protected by these laws, the Act also provides additional protections. The Act authorizes compensatory and punitive damages in cases of intentional discrimination, and provides for obtaining attorneys' fees and the possibility of jury trials. It also directs the EEOC to expand its technical assistance and outreach.

Damages

•hiring and fi ring;•compensation, assignment, or classifi cation of employees; •transfer, promotion, layoff , or recall; •job advertisements; •recruitment; •testing; •use of company facilities; •training and apprenticeship programs; •fringe benefi ts; •pay, retirement plans, and disability leave; or •other terms and conditions of employment.

FEDERAL EQUAL EMPLOYMENT OPPORTUNITY (EEO) LAWS

(TITLE VII, THE ADA, GINA, AND THE ADEA)

Discriminatory Practices Are Prohibited by These

Laws

•harassment on the basis of race, color, religion, sex, national origin, disability, genetic information, or age; •retaliation against an individual for fi ling a charge of discrimination, participating in an investigation, or opposing discriminatory practices;

FEDERAL EQUAL EMPLOYMENT OPPORTUNITY (EEO) LAWS

(TITLE VII, THE ADA, GINA, AND THE ADEA)

Discriminatory practices under these laws also include:

•employment decisions based on stereotypes or assumptions about the abilities, traits, or performance of individuals of a certain sex, race, age, religion, or ethnic group, or individuals with disabilities, or based on myths or assumptions about an individual's genetic information; and •denying employment opportunities to a person because of marriage to, or association with, an individual of a particular race, religion, national origin, or an individual with a disability. Title VII also prohibits discrimination because of participation in schools or places of worship associated with a particular racial, ethnic, or religious group.

FEDERAL EQUAL EMPLOYMENT OPPORTUNITY (EEO) LAWS

(TITLE VII, THE ADA, GINA, AND THE ADEA)

Discriminatory practices under these laws also include:

NONDISCRIMINATION

Words You Should Know

Positive steps that an institution takes to increase the representation of women or men in areas of employment, education, and business where they have historically been excluded.

Affirmative Action

NONDISCRIMINATION

Words You Should Know

Steps that are taken to correct any discrimination that has occurred based on sex. Remedial

Action

NONDISCRIMINATION

Words You Should Know

These two terms will be referred to in this lesson, and it’s important to understand the distinction between them.

Simply put, remedial action corrects discrimination and affi rmative action corrects under-representation.

Affirmative Action

Remedial Action

NONDISCRIMINATION

Examples

If an institution discovers that only a small percentage of students in a particular program are women, and they verify that no discrimination has influenced this low number, they may enact affi rmative action.

Affirmative Action

Remedial Action

NONDISCRIMINATION

Examples

This means they actively concentrate on recruiting women into this program in order to even out the representation of both male and female students.

Affirmative Action

Remedial Action

TITLE IX REGULATIONS

Examples

If, on the other hand, an institution is found discriminating against women within its admissions process, the U.S. Department of Education will require remedial, or corrective, action to correct the problem.

Affirmative Action

Remedial Action

Gender Equity

PROHIBIT JOB

DISCRIMINATION

IT IS THE RIGHT THING TO DO!