Chapter 40 EQUAL EMPLOYMENT OPPORTUNITY LAW Title VII

Chapter 40 EQUAL EMPLOYMENT OPPORTUNITY LAW

Title VII üTitle VII of the Civil Rights Act of 1964, as amended, forbids discrimination on the basis of: § race, § color, § religion, § sex, or § national origin. üThe EEOC administers the act. 2

Disparate Treatment üExists where employer treats some individuals less favorably than others because of their race, color, religion, sex or national origin. üProof of the employer’s discriminatory motive is essential. 3

Disparate Impact üEmployment practices that make no reference to race, color, religion, sex, or national origin, but have an adverse effect on the protected group. § The employer must show that there is a job-related business necessity for the practice in question. § Lack of intent is not a defense. 4

Theories of Discrimination 5

Title VII Violations üIf a state EEO agency or the EEOC is not able to resolve the case, the EEOC issues a right-tosue letter that enables the person claiming a Title VII violation to sue in a federal district court. Pollard v E. I. Dupont de Nemours & Co. (2001) Is “front pay” subject to a cap on damages? 6

Title VII Violations üAn affirmative action plan is legal under Title VII provided there is a voluntary “plan” justified as a remedial measure and provided it does not unnecessarily hinder the interests of whites. 7

Protected Classes and Exceptions ü Race and Color. ü Religion. ü Sexual Harassment (employer’s may be vicariously liable for supervisors). § Quid Pro Quo cases. § Hostile Work Environment. § Non-supervisors. ü National Origin. § Lack of English Language. 8

Defenses üEmployers have several defenses they may raise in a Title VII case to explain differences in employment conditions. § (1) bona fide occupational qualifications reasonably necessary to the normal operation of the business, § (2) job-related professionally developed ability tests, and § (3) bona fide seniority systems. 9

Affirmative Action and Reverse Discrimination üEmployers may have permissible Affirmation Action Plans: § Plan is remedial in nature, voluntary and temporary. üReverse Discrimination. § AAP may discriminate against non-minorities. 10

Other EEO Laws üUnder the Equal Pay Act (EPA), employers must not pay employees of one gender a lower wage rate than the rate paid to employees of the other gender for substantially equal work. üWorkers over 40 years old are protected from discrimination by the Age Discrimination in Employment Act (ADEA). 11

ADA üThe Americans with Disabilities Act (ADA) prohibit employment discrimination against persons with disabilities. üUnder the ADA, employers must make reasonable accommodations without undue hardship on them to enable individuals with disabilities to work. 12

Review: Antidiscrimination Laws 13