Wrongful Termination
and
Employment Discrimination
Illegal discrimination in the firing, firing, promoting of
employees and in the allocation of employment benefits.
opportunities and rewards.
Final Exam is Tuesday, December 14 from 5:15 to 7:15
PM
OBE 118
Fall 2004
Professor McKinsey
Final Exam
•
•
•
•
Tuesday, December 16 from 5:15 to 7:15 PM
All Multiple Choice (40 Questions)
Bring Scantron 882
You will have the whole exam period, but
should not need the whole exam period
Course and Instructor Evaluations
• Please take the time to comment on any
aspect of this course and my teaching of it. I
read everything and consider it.
• In addition to any other comments you
might have, I would like to receive
feedback on the three hour version of this
class that you have just experienced.
Right to Work?
(Or Keep Working?)
“Right” – Contract?, Property? Civil?
An employee or person in the United States
has no general right to a job but can have
rights under contract law, tort law or civil
rights that will create a situation that looks
an awful lot like the “right to work”.
Wrongful Termination?
The At-will Employment versus Wrongful
Discharge paradox
At-will employees can be fired for “any reason”
except:
– Public Policy
– Implied Contracts
– Covenant of Good Faith and Fair Dealing
Employment Discrimination
Illegal discrimination can occur in hiring,
firing and day to day discipline or rewards
given to employees
• Racial Discrimination
• Gender Discrimination
• National Origin Discrimination
• Religious Discrimination
• Age Discrimination
• Disability Discrimination
Employment Discrimination
Illegal discrimination can occur in hiring,
firing and day to day discipline or rewards
given to employees
• Racial Discrimination
• Gender Discrimination
• National Origin Discrimination
• Religious Discrimination
• Age Discrimination
• Disability Discrimination
Sexual Harassment
“Regular” discrimination
Employment Discrimination
Illegal discrimination can occur in hiring,
firing and day to day discipline or rewards
given to employees
• Racial Discrimination
Affirmative Action
• Gender Discrimination
• National Origin Discrimination
• Religious Discrimination
• Age Discrimination
• Disability Discrimination
Employment Discrimination
Distinguishing between express and implied
discrimination
• Sometimes the facts show us that discrimination
was intended and obvious (disparate treatment)
• More often we have action by someone that has a
discriminatory effect but no objective evidence of
intent (disparate effect)
Why is intent relevant?
Racial Discrimination
Discrimination on the basis of race or color is
illegal. - Civil Rights Act of 1964 (Title VII)
• What is discrimination?
1) Express Intentional Discrimination
(disparate treatment)
2) Disparate Impacts Discrimination
a) Action has disparate impacts
b) Action not necessitated by lawful business purpose
Gender-Based Discrimination
Discrimination on the basis of gender is illegal
(sometimes) Title VII and EEOA of 1972
• Not as carte blanche as race based prohibition
• Bona Fide Occupational Qualification (BFOC)
•“Title VII permits distinctions based upon real
sex-based differences…” - Ct of Appeals, 7th Cir.
Sexual Harassment- special form of gender
discrimination
• Quid pro quo
• Hostile environment
Affirmative Action
Affirmative Action Programs could constitute
illegal discrimination on basis of sex or race
Supreme Court has ruled that hard quotas are
illegal
“Soft” programs like preferences between
equal candidates can be allowed
Prop 209- (California) – No preferential
treatment allowed at all
Disability Discrimination
Americans with Disabilities Act (ADA)
• Improve access
• Cannot discriminate against disabled person able
to perform essential functions of job (employers
with 15 or more employees)
• Must reasonably accommodate both of the above.
Note: the ADA also effects public right to access
some businesses.
Age Discrimination
Age Discrimination in Employment Act (ADEA) of
1967
• No arbitrary age discrimination in employment of
persons greater than 40 years of age
• BFOQ available (like Gender based)
• A court based upper limit of 70 years is generally
recognized where BFOQ becomes easier to
establish
Employment Discrimination
Summary
• You can never intentionally discriminate on basis
of race, national origin, or religion
• You cannot, without a BFOQ, intentionally
discriminate on basis of sex or age
• You cannot intentionally discriminate on basis of
disability without first reasonably accommodating
the disability
• Generally, if an action results in discrimination as
described above you have to have legitimate and
legal business reason to act.
Final Exam
•
•
•
•
Tuesday, December 16 from 5:15 to 7:15 PM
All Multiple Choice (40 Questions)
Bring Scantron 882
You will have the whole exam period, but
should not need the whole exam period
Exam Topics
• Property
• Business Organizations
• Employment Law