Twomey Jennings Andersons Business Law and the Legal
Twomey Jennings Anderson’s Business Law and the Legal Environment, Comprehensive 20 e Anderson’s Business Law and the Legal Environment, Standard 20 e Business Law: Principles for Today’s Commercial Environment 2 e Chapter 40 Equal Employment Opportunity Law Copyright © 2008 by West Legal Studies in Business A Division of Thomson Learning
Title VII • Title VII of the Civil Rights Act of 1964, as amended, forbids discrimination on the basis of: – race, – color, – religion, – sex, or – national origin. • The EEOC administers the act. Copyright © 2008 by West Legal Studies in Business A Division of Thomson Learning 2
Theories of Discrimination • DISPARATE TREATMENT: – Exists where employer treats some individuals less favorably than others because of their race, color, religion, sex or national origin. – Proof of the employer’s discriminatory motive is essential. Copyright © 2008 by West Legal Studies in Business A Division of Thomson Learning 3
Theories of Discrimination • DISPARATE IMPACT: – Employment 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 jobrelated business necessity for the practice in question. – Lack of intent is not a defense. 4 Copyright © 2008 by West Legal Studies in Business A Division of Thomson Learning
Theories of Discrimination Copyright © 2008 by West Legal Studies in Business A Division of Thomson Learning 5
EEOC • If a state EEO agency or the EEOC is not able to resolve the case, the EEOC issues a right-to-sue letter that enables the person claiming a Title VII violation to sue in a federal district court. Copyright © 2008 by West Legal Studies in Business A Division of Thomson Learning 6
EEOC • An 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. Copyright © 2008 by West Legal Studies in Business A Division of Thomson Learning 7
Protected Classes and Exceptions • • Race and Color. Religion. Sexual Harassment (employer’s may be vicariously liable for supervisors). – Quid Pro Quo cases. – Hostile Work Environment. – Non-supervisors. • National Origin. – Lack of English Language. Copyright © 2008 by West Legal Studies in Business A Division of Thomson Learning 8
Title VII Exceptions • Employers 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. Copyright © 2008 by West Legal Studies in Business A Division of Thomson Learning 9
Affirmative Action and Reverse Discrimination • Employers may have permissible Affirmation Action Plans: – Plan is remedial in nature, voluntary and temporary. • Reverse Discrimination. – AAP may discriminate against nonminorities. Copyright © 2008 by West Legal Studies in Business A Division of Thomson Learning 10
Other EEO Laws • Under 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. • Workers over 40 years old are protected from discrimination by the Age Discrimination in Employment Act 11 (ADEA). Copyright © 2008 by West Legal Studies in Business A Division of Thomson Learning
ADA • The Americans with Disabilities Act (ADA) prohibit employment discrimination against persons with disabilities. • Under the ADA, employers must make reasonable accommodations without undue hardship on them to enable individuals with disabilities to work. Copyright © 2008 by West Legal Studies in Business A Division of Thomson Learning 12
Extraterritoriality • Civil Rights Act of 1991 amended both Title VII and ADA to protect U. S. citizens employed by American-owned corporations who operate in foreign countries. – Exception: compliance with extraterritoriality would vioate a foreign nation’s laws. Copyright © 2008 by West Legal Studies in Business A Division of Thomson Learning 13
Review: Antidiscrimination Laws Copyright © 2008 by West Legal Studies in Business A Division of Thomson Learning 14
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