Chapter #2
Equal Opportunity and the Law
Title VII of the l964 Civil
Rights Act
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….Banned discrimination on the basis of
race color, religion, sex or national
origin with respect to employment
Hiring, firing, promotions, length of
employment
Equal Employment
Opportunity Commission EEOC
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EEOC was created by Title VII is
empowered to investigate,job
discrimination compliant and sure on
behalf of complainant
Covers all private and public firms with
more than 15 ees
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EEOC has 5 members that serve five
year terms
Appointed by president with the
consent of senate.
Receives complaints, investigates then
attempts to conciliate before enforcing
the law.
Executive Orders 11246,11375
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Required employers to go beyond Title
VII..affirmative action.
Covers all federal contractor over
50,000$ or 50 or more ees.
Enforced by Office of Federal
Compliance OFCCP
Equal Pay Act
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No discrimination in pay on the bases
of gender
Equal pay for equal work, similar
working conditions.
Age Discrimination Act ADEA
1967
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Prohibited discrimination due to age.
1963 40 – 65
1974 removed any age cap
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O’connor v. Consolidated Coin
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if ee is over 40 may sue if replace by someone significantly younger even if
ee is replace by another who is over 40
Vocational Rehabilitation Act
l973
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Affirmative action for disabled if equally
qualified unless “undue hardship of the
employer
Does require accommodation
Vietnam Era Readjustment
Assistance Act l974
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Requires that employers with
government contracts take affirmative
action to hire disabled veterans.
Enforcement agency is the OFCCP
Contracts over $10,000
Pregnancy Discrimination Act
l978
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Requires that child birth must be
covered under insurance and treated
like any other disability. Women are
granted unpaid leave and equal job
back.
Federal Agency Guidelines
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Also called uniform guidelines
that are set forth for employers to
follow in in matters like employment
selection tools, sexual harassment
testing etc.
Sexual Harassment
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Interference with a persons ability to
work , to keep job or promotion
Submission
Female to male
Female to female
Male to male
Sexual Harassment cont.
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Test for liability
Did firm know?
Should it have
known?
Did it take action?
Three ways to prove S.H.
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Quid Pro Quo
Hostile Environment
by supervisor
Hostile environment
by coworker
What should HR Do?
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Take all complaints seriously.
Issue strong policies.
Have compliant procedure
Training sessions
Discipline those involved.
Keep records
Encourage upward communication
What should employee do?
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First say “no”
Second, write letter to accused.
Third, file a report if it continues.
Then file EEOC claim.
If all fails then lastly get a lawyer.
Federal Violence Against
Women Act of l994
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Provides that a
person who commits
a crime of violence
motivated by gender
shall be liable to the
party injured .
Is another avenue
for women against
violence
Early Court Decisions
Regarding EEO
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Protected Class
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Persons protected by Title VII
Landmark case: Griggs v. Duke Power
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Screening: coal miner had to be high
school graduates. Not necessary.
Testing must be job related.
ER liable even if NO intent to discriminate.
Qualifications must be job related .” Business necessity”
Tests must have validity
Case: Albermarle Paper v.
Moody
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Test validity had to relate to specific
duties.
Job performance standards had to be
standardized.
Wards Cove Packing v. Atonio
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Alaskan canneries discrimination;
whites had better jobs.
Burden of proof is on employee to
prove employer’s practices were NOT
based in business necessity.
Civil Rights Act of 1991
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Put burden of proof back on the
employer. It made it more important for
employers to adhere to the letter of the
EEO law
Money damages for disparate treatment
Compensatory and punitive $ for
intentional discrimination.
No testing adjustments for minorities.
Americans With Disabilities Act
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Reasonable accommodation
Disabled must have “essential skills”
Undue hardship (costs of accommodation must not be greater
than the benefits)
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Impaired for one or more “Major Life
Activities”
Qualified individuals (with necessary skills, and
qualifications)
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Not covered under ADA
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Homosexuality
Bisexuality
Gambling
Drug usage
Mental impairments are covered. and are the greatest
number of claims.
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Depression, anxiety, panic disorders, obsessive compulsiveness,
Employer obligations
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Employee must have essential skills
Do not have to lower standards
Must not ask about disability only “Can
you perform the job?”
Can not ask. Do you have aids, What perscription drugs are you
taking? Have you ever filed for workers comp? Have you been treated
for mental illness?
Carpal tunnel is no longer consider a disability
Walmart just paid a$ 750,000 fine for failing to hiring someone hearing
impaired.
Which of the following is not covered by Title
VII of the Civil Rights Act?
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A. Religion
B. Race
C. Age
How many members of the EEOC are there?
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A. 5
B. 4
C. 6
The ADEA makes it unlawful
to between the ages of
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A. 40 to 70
50 to 65
40 and up without any cap
The ___set forth highly recommended procedures
regarding matters like employee selection, record
keeping, pre employment inquiries and affirmative
action plans
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A. Equal Pay Act
B. Uniform Guidelines
C. Executive Orders
Which would not be a cause for a sexual harassment
charge?
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A. Unwelcome advances
B. Verbal conduct of a sexual nature
C. Asking another employee to go to
dinner
In the context of sexual harassment, the courts may
decide ___exists even if no direct threats or promises
are made in exchange for sexual behavior
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A. A hostile environment
B. A quid pro quo
C. A BFOQ
A ___ is persons such as minorities and women
covered by equal opportunity laws including
Title VII
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A. Control group
B. Protected class
OFCCP
The Albemarle Paper Co v. Moody case required
employers to
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A. Lower their selection requirements
B Validate job tests.
C. Validate application forms
The ____places the burden of proof back on employers
and permits compensatory and punitive damages
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A. ADA
B. Civil Rights Act of l991
C. Title VII 1964