Comprehensive Volume, 18th Edition

Chapter 42: Equal Employment Opportunity Law

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Civil Rights Act of 1964

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.

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Types of DiscriminationIntentional discrimination is where there is disparate treatment of individuals because of race, color, religion, gender, or nationality. Disparate impact refers to employment practices that make no reference to race, color, religion, sex, or national origin, but that nevertheless have an adverse effect on the protected group.

The fact that an employer did not intend to discriminate is no defense. The employer must show that there is a job-related business necessity for the practice in question.

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Theories of Discrimination TYPE/FORM EXAMPLE

Disparate treatment Paying men in the same job ahigher wage than women

Disparate impact Job screening tests that excludeclasses (height and weightrequirements that serve to excludewomen)

Sexual harassment QUID PRO QUOHostile atmosphere

Exceptions: BFOQ Presbyterian for a position as aPresbyterian misister

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Defenses

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.

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Title VII Violations

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.

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.

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Discriminatory Treatment in Employment Dec isions on the Basis ofRace Color Religion Sex National Origin

Non-neutral practiceor

Non-neutral application

Facially neutral practiceand

Neutral application

Requires proof of discriminatory intent Does not require proof of d iscr iminatory intent

Requires proof of adverse effect on protectedgroup

andEmployer is unable to show that the challengedpractice is job related for the position in questionand is consistent with business necessity

Either party has a right to require a jurytrail when seeking compensatory orpunit ive damages

No right to a jury tr ial

Unlawful Discrimination Under Title VII of the Civil Rights Act of 1964 as

Amended by the Civil Rights of 1991

Continued on next slide…

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Unlawful Discrimination (cont’d)

Discriminatory Treatment in Employment Decisions on the Basis ofRace Color Religion Sex National Origin

Remedy: Remedy:Reinstatement, hiring, or promotion

Back pay less interim earnings

Retroactive seniority

Attorneys and expert witness fees

plus

Compensatory* and punitive damages.

Damages capped for cases of sex and

religious discrimination depending on

size of employer:

Reinstatement, hiring, or promotion

Back pay less interim earnings

Retroactive seniority

Attorneys and expert witness fees

Number of employees100 or fewer101 to 200201 to 500Over 500

Damages cap$ 50,000 100,000 200,000 300,000

No cap on damages for race cases

*Compensatory damages include future pecuniary losses and nonpecuniary losses such as emotional pain and suffering.

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Other Equal Opportunity 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 (ADEA).

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Other Equal Opportunity Laws

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.

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Antidiscrimination LawsSTATUTE COVERAGE

Title VII of the Civil Rights Actof 1964 (Amended)

Prohibits discrimination on thebasis of race, color, religion, sex,or national origin

Equal Pay Act of 1963 (EPA) Prohibits payment of differentsalaries for equal work

Pregnancy Discrimination Act(1974)

Prohibits discrimination on thebasis of pregnancy or familyplanning

Age Discrimination EmploymentAct (ADEA)

Prohibits discrimination on thebasis of age

Americans with Disabilit ies Act(ADA)

Prohibits discrimination on thebasis of disability; requiresreasonable accommodation ofindividuals with disabilit ies