Employment Discrimination Disparate Treatment Disparate treatment is discrimination

Employment Discrimination

Disparate Treatment • Disparate treatment is discrimination that occurs when an employer treats some employees less favorably because of their race, color, religion, sex or national origin. ©SHRM 2008 2

Civil Rights Act of 1866 • Oldest federal legislation that affects staffing. • Based on 13 th Amendment. • Gives all citizens same property rights and contracts “enjoyed by white citizens”. • No statute of limitations. ©SHRM 2008 3

Equal Pay Act of 1963 • Equal pay for men and women who do “substantially the same work”. • Permits pay distinctions when based on the following: > Unequal responsibility. > Different working conditions. > Seniority differences. > Merit pay system. > Quantity and quality of production. ©SHRM 2008 4

Title VII of the Civil Rights Act - 1964 • Prohibits employment discrimination based on: > Race, Color, Sex, Religion, National Origin • Established the Equal Employment Opportunity Commission (EEOC). • Applies to employers with 15 or more employees. ©SHRM 2008 5

Exceptions to Title VII • Business necessity. • Bona fide occupational qualification (BFOQ). • Seniority. ©SHRM 2008 6

Age Discrimination in Employment Act - 1967 • Makes it illegal to discriminate against workers 40 years old and older. • With limited exceptions, there is no upper age ceiling. • Applies to employers with 20 or more employees. ©SHRM 2008 7

Pregnancy Discrimination Act - 1978 • Amendment to Title VII of the Civil Rights Act. • Illegal to discriminate based on pregnancy, childbirth or related medical conditions. • Employer must treat pregnancy the same as any other temporary disability. ©SHRM 2008 8

Rehabilitation Act of 1973 • Prohibits discrimination based on physical or mental disabilities. • Applies to federal government and federal contractors with grants in excess of $2, 500. ©SHRM 2008 9

Americans with Disabilities Act - 1990 • Prohibits discrimination against qualified individuals with disabilities. • Requires reasonable accommodation unless the accommodation creates a business hardship. • Applies to organizations with 15 or more employees. ©SHRM 2008 10

Americans with Disabilities Act - 1990 • Defines “an individual with a disability” as a person who: > Has, or is regarded as having, a physical or mental impairment that substantially limits one or more major life activities, and; > Has a record of such an impairment, or; > Is regarded as having such an impairment. • Does not cover correctable physical limitations. ©SHRM 2008 11

Americans with Disabilities Act - 1990 • A job function may be considered essential if: > The reason the job exists is to perform the function. > There a limited number of other employees available to perform the function. > The function is highly specialized and requires specific expertise or ability. ©SHRM 2008 12