chapter 33 equal opportunity in employment. civil rights act of 1964 statutes that outlawed...

Chapter 33

Equal Opportunity in Employment

Civil Rights Act of 1964

Statutes that outlawed employment discrimination against certain classes

Providing equal opportunity in employment Title VII of Civil Rights Act of 1964: Enacted to

eliminate job discrimination based on race, color, religion, sex, and national origin

Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall. 33-2

Scope of Coverage of Title VII

It applies to: Employers with fifteen or more employees All employment agencies Labor unions with fifteen or more members State and local governments and agencies Federal government employment


Scope of Coverage of Title VII

Prohibits discrimination in hiring, promotion, compensation, dismissal, work rules, etc.

Disparate-treatment discrimination: Employer discriminates against a specific individual based on the person’s race, color, religion, sex, or national origin

Disparate-impact discrimination: Employer discriminates against an entire protected class


Remedies for Violations of Title VII

Successful plaintiff can recover: Back pay and reasonable attorneys’ fees Equitable relief, including reinstatement and

seniority Punitive damages for intentional discrimination


Race, Color, and National Origin Discrimination

Race discrimination: based on a person’s race Color discrimination: based on a person’s color National origin discrimination: based on a person’s

heritage, cultural characteristics, or country of the person’s ancestors


Gender Discrimination

Discrimination based on gender Prohibits discrimination where sexual favors are

requested to obtain job or promotion Pregnancy Discrimination Act: forbids

discrimination due to pregnancy, childbirth, or related medical conditions


Sexual Harassment

Lewd remarks, touching, intimidation, posting of indecent materials, and other verbal or physical conduct of a sexual nature

Sexual harassment that creates hostile work environment violates Title VII

Same-sex harassment also violates Title VII


Sexual Harassment

Employer may defend by proving that: He exercised care to prevent and correct any such

behavior Plaintiff-employee failed to take advantage of

preventive or corrective opportunities provided by employer


Religious Discrimination

Discrimination based on a person’s religion or religious practices

Employer has to reasonably accommodate religious observances, practices, and beliefs of employees

Permits religious organizations to employ individuals of a particular religion


Defenses to a Title VII Action

Employers can select employees based on merit, which includes work, qualification, etc.

Employers maintain seniority system that reward long-term employees

Bona fide occupational qualification (BFOQ): Discrimination based on protected classes other

than race or color is permitted Must be job related and a business necessity


Equal Pay Act

Protects both sexes from pay discrimination based on sex

Prohibits disparity in pay for jobs that require: Equal skill Equal effort Equal responsibility Similar working conditions


Criteria That Justify a Differential in Wages

Four criteria that justify a differential in wages: Seniority Merit Quantity or quality of product Any factor other than sex

Employer bears the burden of proving these defenses


Age Discrimination in Employment Act

Prohibits age discrimination practices: Against employees who are 40 years and older In all employment decisions, including hiring,

promotions, compensation, etc. With regard to employee benefits

Permits age discrimination where BFOQ is shown


Americans with Disabilities Act

Employers and providers of public transportation, telecommunications, and public accommodations must accommodate individuals with disabilities

Qualified individual with a disability: prohibits discrimination against individual who has physical or mental impairment that limits a major life activity, but can perform the functions of the job



Limits on employer questions: limits employer’s ability to inquire about an applicant’s disabilities

Reasonable accommodation for disability: employer is obliged to reasonably accommodate an individual’s disability, if it does not cause undue hardship on employer



Undue hardship: employers are not obligated to provide accommodations that impose an undue hardship on employer

Uncovered conditions: certain conditions of disability, like temporary impairments, and users of illegal drugs and alcohol are not covered by the act


Genetic Information Nondiscrimination Act

Prohibits discrimination against employees based on genetic information

Prohibits use of genetic information in making decisions, including hiring, promoting, providing benefits, etc.

Remedies for violation include corrective action and monetary fines


Affirmative Action

Affirmative action plan: job preferences given to minority groups and other protected-class applicants when making employment decisions Legal, if narrowly tailored to achieve compelling

interest Reverse discrimination: discrimination against a

majority group Majority group may sue under Title VII


Protection from Retaliation

Prohibits employers from retaliating against employee for: Filing a charge of discrimination Participating in a discrimination proceeding

Acts of retaliation include dismissing, demoting, harassing, etc.


Case 33.2: U.S. Supreme Court Employer Retaliation

Case Thompson v. North American Stainless, LP 131 S.Ct. 863, 178 L.Ed.2d 694, Web 2011 U.S. Lexis 913

(2011) Supreme Court of the United States

Issue Does Title VII permit third-party retaliation claims

against an employer?


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