Chapter 9 Discrimination
in Employment
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Title VII: Discrimination
One of the most extensive federal
employment laws, the Civil Rights Act of
1964 Title VII, provides in part that:
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a)
1.
It shall be an unlawful employment practice for
any employee
to fail or refuse to hire or to discharge any
individual or otherwise to discriminate against
any individual with respect to his
compensation, terms and conditions or
privileges of employment, because of such
individual’s race, color, religion, sex or national
origin;
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The Supreme Court developed a threestep procedure for Title VI challenges:
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2.
The plaintiff carries the initial burden of
establishing a prima facie case of
employment discrimination.
The burden shifts to the defendant to
refute the prima facie case by
demonstrating that a legitimate
nondiscriminatory purpose forms the
basis for its actions.
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If the defendant is successful in its
contention, then the burden shifts back
to the plaintiff to show that the
defendant’s actions were a mere pretext
for discrimination.
If, of course, the defendant can
demonstrate the absence of a
discriminatory motive, there is no need
for step three.
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Sexual Discrimination
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Discrimination based on sex is also
covered under Title IX of the Education
Amendments Act of 1972, 20 U.S.C. which
prohibits sexual discrimination by public
and private educational institutions
receiving federal funds.
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Title IX is administered by the Office for
Civil Rights (OCR) of the Department of
Education.
Title IX, also like Title VII, makes a
provision for sexual distinctions in
employment where sex is a bona fide
occupational qualification.
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The Rehabilitation Act of 1973 and the
Americans with Disabilities Act of 1990
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The Americans with Disabilities Act (ADA),
in conjunction with the IDEA, protects
individuals with disabilities against
discrimination and assures equal access
and opportunity.
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Section 504 of the Rehabilitation Act of
1973 prohibits discrimination against any
otherwise qualified person who has a
disability with respect to employment,
training, compensation, promotion, fringe
benefits, and terms and conditions of
employment.
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The ADA is similar to Section 504 and not
only protects students with disabilities but
any person who has a physical or mental
impairment that substantially limits one or
more major life activities, has a record of
such impairment, or is regarded by others
as having such an impairment.
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Major life activities, as interpreted by the
act, may include such tasks as caring for
oneself, performing manual tasks, hearing,
seeing, speaking, breathing, walking,
learning, and working.
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Qualifications for Employment
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Any individual with a disability is qualified
under ADA, if with or without reasonable
accommodations, he/she can perform the
core functions of the employment position
held or desired to be held.
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Scope of Protection:
Section 504 and ADA
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Both ADA and the Rehabilitation Act
impact public schools by prohibiting
disability-based discrimination.
When there is an allegation brought
against school districts claiming
discrimination, individuals bringing these
charges may file a complaint with the
Department of Education.
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Racial Discrimination
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The equal protection standards prohibited
discrimination which can be linked with a racially
motivated objective.
Unlike Title VII, no remedial action was attached
to the equal protection clause, unless there was
clear evidence that segregation was caused by
de jure (official and deliberate laws or policies to
promote segregation).
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Title VII involves two basic types of
claims--disparate treatment and disparate
impact.
The Supreme Court addressed these two
important issues in a later case involving
discrimination on disparate treatment and
disparate impact.
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Disparate Treatment simply means that an
employer treats some people more
unfavorably than others regarding
employment, job promotion or
employment conditions based on race,
color, religion, sex or national origin.
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Disparate Impact is merely a showing that
numbers of people of a similar class are
affected adversely by a particular
employment practice which appears
neutral, such as a requirement that all
employees pass a test.
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Age Discrimination
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Age discrimination in public schools
primarily affects teachers.
In past years, many districts forced
teachers to retire when they reached a
specified age.
These policies and practices were
challenged by teachers under equal
protection guarantees.
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However, all challenges and uncertainties
became insignificant with the passage of
the Age Discrimination in
Employment Act of 1967 (ADEA) as
amended in 1978.
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Amendments added in 1986 removed the
limit completely except for persons in
certain public safety positions (e.g. police
officers and fire fighters).
The act covers teachers and other public
employees.
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Pregnancy and
Public School Employment
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Teachers in public schools are protected by the
Pregnancy Discrimination Act of 1978 (P.L. 95555).
This law is an amendment to Title VII which
extends protection to pregnant employees
against any forms of discrimination based on
pregnancy.
The courts have been fairly consistent in their
rulings regarding issues related to pregnancy.
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Sexual Harassment
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Sexual harassment is prohibited by Title
VII and Title IX.
Sexual harassment was not included in
Title VII of the Civil Rights of 1964 until
1980.
Its primary intent is to protect employees
from harassment in their work
environments.
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Harassment is considered to be a form of
sex discrimination.
It can manifest itself in many forms from
verbal statements, gestures or overt
behavior.
The victim, as well as the harasser, may
be a male or a female, not necessarily of
the opposite sex.
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More serious levels may involve sexual
coercion or unwanted physical relations.
This type behavior quid pro quo is
commonly associated with superiorsubordinate relationships in which the
victim, for fear of reprisal, will unwillingly
participate.
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