Employment
Discrimination
Chapter 29
HOT DEBATE – PAGE 432
Unjustified Discrimination
1. A male employer hires only women because he
thinks they are better employees
2. A female employer hires only women because
she thinks women are usually discriminated
against
3. An employer hires only women who are past
the child bearing age
4. An employer hires people under age 40
Which are examples of discrimination?
Unjustified Discrimination
Discrimination is different treatment of
individuals.
Race, color, gender, national origin, or religion
Justified Discrimination: permitted and even
encouraged. Favorable treatment of employee
because fairly judged as dependable, skilled,
creative smart, hard worker. May earn more $$
and job opportunities
What’s Your Verdict? Page 433
Unjustified Discrimination
Unjustified Discrimination: identifies group
characteristics that may not be considered
when making employment decisions.
These people are labeled as Protected Classes
(usually minorities)
Protected Classes
Race and Color: (all who are not white)
Gender: (males/females)
Pregnancy (childbearing conditions)
Age: (over the age 40)
Religion: (this includes any religion)
Disability: (physically and mentally)
http://www.hulu.com/watch/213121/what-would-youdo-deaf-to-job-discrimination
National Origin: (country)
What’s Your Verdict? – page 434
Unjustified Discrimination
It is illegal to discriminate in any “term,
condition, or privilege of employment”
Pay, promotions, training, overtime,
educational opportunities, travel requirements,
firings, layoffs, etc.
Employers with 15 or more employees,
engaged in interstate commerce, are subject
to federal law.
Workplace Discrimination (continued)
Review Part 1
Page 435 #1-9, explain your answers for #6-9
Must be employed to be employed
A Class Divided
Caveat emptor
• Let the Seller beware
• Let the Buyer beware
Greatly exaggerated sales talk
• Bait and switch
• Disclaimer
• Puffing
Lawsuit made possible by the procedural
joining of similarly situated plaintiffs
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•
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Lottery
Consent order
Class action
Restitution
Obligation implicitly imposed on all sellers
• Implied warranty
• Full warranty
• Express warranty
Explicit assurance of quality or performance
by seller
• Implied warranty
• Full warranty
• Express warranty
Voluntary, court enforceable agreement to
stop an illegal practice
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•
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Privity of contract
Consent order
Disclaimer
encumbrances
Claims of third parties against the goods
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Privity of contract
Consent order
Disclaimer
Encumbrances
How Can Unequal Treatment be
Proved?
Unequal Treatment (Disparate treatment):
employers treat members of a protected class less
favorable than others.
To be unequal, it must be intentional
Direct Evidence: must prove intentional
Company Policy, Advertisement, Flyers
• No Irish
• No Jews need apply
• Women not accepted
How Can Unequal Treatment be
Proved?
Indirect Evidence: denies intention to
discriminate
Employee must show:
•
•
•
•
1. They are member of a protected class
2. Applied for job and was qualified
3. They were rejected
4. Employer held job open and sought other persons
with similar qualifications
What’s Your Verdict? Page 436
How Can Unequal Treatment be
Proved?
Employer’s Defense to Discrimination:
Business Necessity: employer’s actions were
meant to advance the business rather than
discriminate
• Defense is that employee’s skills or work history
was reason for not hiring (job-relatedness)
In This Case, Page 437
How Can Unequal Treatment be
Proved?
Employer’s Defense to Discrimination:
Bona Fide Occupational Qualification (BFOQ)
• A job requirement that compels discrimination
against a protected class
 Hired Actors to play parts in a stage show.
(Males/Females for certain roles)
• To be Bona Fide, the discrimination must be
essential to the business
 Female Flight Attendants…not necessary
How Can Unequal Treatment be
Proved?
Employer’s Defenses to Discrimination:
Seniority
• Rewards employees based on length of employment
rather than merit and not intended to discriminate.
 Unions may pay based on seniority, or lay employees off
Pretexts
• A cover for discrimination
 Hiring a male over female because job entails travel and
female has 3 children, making it hard for her to travel.
Female must prove males were hired with children.
What is Disparate Impact?
WHAT’S YOUR VERDICT? PAGE 438
Policy eliminates more members of protected
classes than members of the majority
To win a suit, employee need not prove
discrimination BUT identify a specific
employment practice and show statistically that
the practice excludes a protected class.
Businesses may use the defense of business
necessity, bona fide occupational qualification, or
seniority
Statistical Proof of Disparate
Impact
Employee must prove fewer members
qualified for job when challenging
employment practice used
1. Applicant pool: those qualified for job
2. Workforce pool: persons in the
workforce
In This Case – page 438
Sexual Harassment
What’s Your Verdict?
Page 439
• Is the company liable for sexual harassment?
Sexual Harassment
Takes two forms:
Quid Pro Quo:
• Means one thing is exchanged for another
 Ex: boss threatens to fire employee unless sexual favors are
done
Hostile Environment
• Unwelcome sexual comments, gestures, or contact interfere
with an employee’s ability to work
Back to What’s your verdict?
Shayla’s boss knew about the harassment – therefore
the trucking firm would be held liable
Legislation Prohibiting
Discrimination
Civil Rights Act of 1964
Equal Employment Opportunity Commission
• (EEOC) – has the authority to investigate
complaints of job discrimination and prosecute
Affirmative Action Plan
• If an employer has discriminated, the courts may
mandate
 Plan must list positive steps aimed at offsetting past
discrimination
Five Acts
Civil Rights Act of 1964
Equal Pay Act of 1963
Wage discrimination
Age Discrimination Act of 1967
Americans with Disabilities Act of 1990
Pregnancy Discrimination Act
Enrichment Activity
Discrimination cases
Research Job Discrimination Case
Comic Strip