Case study title: Title VI of the Civil Rights Act of 1964
I. Introduction
Attention getter: “If you believe that discrimination exists, it will.” -Anthony J. D'Angelo
Thesis: Since, discrimination in the workplace had become so prevalent and the Civil Rights movement
was taking place, the government decided to enact Title VII, which outlines how both companies and
employees can ensure that there is fair treatment of employees taking place.
Preview: Description, Who is Affected, What Aspects are Covered, and How it is Enforced
Transition: Now, lets define Title VII to get a better understanding.
II. Description of Title VII
A.
Title VII is a law that was enacted to prohibit discrimination in the workplace.
B.
It prevents discrimination based on color, religion, race, gender and national origin.
Transition: After defining Title VII, lets take a look at the people that it affects.
III. Who is Affected by Title VII
A.
Businesses with more than 15 or more people working 20 or more weeks per year
B.
Labor unions and employment agencies
Transition: To further understand how Title VII is applied, lets examine what is covered under this act.
IV. What Employment Aspects are Covered?
A.
The employer may not use these characteristics as the basis for not hiring someone, for
firing someone, or discriminating against them in the terms of their pay, conditions of
employment, or privileges of employment.
B.
An employer may not use these characteristics to limit, segregate, or classify employees or
job applicants in any way that would deprive any as an employee.
C.
Employers may not retaliate against employees for opposing a perceived illegal employment
practice or participating in a proceeding related to an alleged illegal employment practice.
Transition: Since we have talked about what is covered, we will now outline the process for enforcing Title
VII.
V.
How is this Enforced?
A.
Enforced by the Equal Employment Opportunity Commission (EEOC)
a. An employee complains to the EEOC or they choose to investigate a company
b. EEOC can choose whether or not to investigate
c.
Conduct interview of employee and others at work
d. EEOC works out settlement between employee and business through reconciliation.
It is an informal process outlining the steps to remedy basis of complaint
i. If agreed upon, employee has to give up right to sue
e. If no agreement reached, EEOC gives right-to-sue letter
i. Letter does not mean EEOC supports employee’s claim of discrimination
Transition: We would now like to summarize how Title VII affects employees, whom it covers, and how it
is enforced.
VI. Conclusion
Review: As part of the Civil Rights Act, the government made sure that discrimination would no longer
take place in the workplace based on color, religion, race, gender and national origin. In reaction to this
Act the EEOC was formed to ensure that these laws are upheld and protect the employees of
organizations.
Final thought: “How I wish we lived in a time when laws were not necessary to safeguard us from
discrimination.” -Barbra Streisand
Outline – Americans with Disabilities
I.
Introduction
A. Attention getter: Did you know that 1 out of every 5 Americans has
some kind of disability? And that many other people do not report their disabilities at all?
According to the US Census Bureau, 35 million Americans are severely disabled. Out of
those that are severely disables, 31% are employed. Out of those with non severe
disabilities 75% are employed.
B. Thesis: The Americans with Disabilities Act of 1990 (ADA) prohibits discrimination
against individuals with disabilities.
C. Preview: Today we will cover the description of the act, as well as who is affected by
this act, what employment aspects are covered and how is it enforced.
II.
Description of the act
A. The ADA of 1990 is a wide range law that prohibits under certain circumstances to
discriminate individuals based on disability.
 Disability is defined as a physical or mental impairment that
substantially limits a major life activity.
B. Includes 5 titles that deal with the following:





Title I- Employment:
Title II- Public Entities
Title III- Public Accommodation
Title IV- Telecommunication
Title V – Miscellaneous Provisions
Transition: Now that we have described the act, we will cover who is affected
by it.
III.
Who is affected
A. Who is affected by it?

Serious disabilities:
A. Blindness, deafness or paralysis
This affects their abilities to perform major tasks such as walking,
seeing, performing manual tasks and learning.

History of disabilities:
A. Cancer: but in recovery mood, mental illness and history of heart
disease.

Being regarded as having a disability.
A. Employer might be hesitating to hire such people because people will
act negatively towards them
Transition: Now that we have described who is affected by this act, we will explain what employment
aspects are covered.
IV.
What employment aspects are covered
A.
Hiring
1. Employment Practices (training, compensation, job task, etc.)
 Have an equal opportunity to apply for jobs and to work in jobs for which they are
qualified;
 Have an equal opportunity to be promoted
 Have equal access to benefits and privileges of employment that are offered to
other employees; and are not harassed because of their disability.
2. Reasonable Accommodations
 Ensuring that recruitment, interviews, tests, and other components of the
application process are held in accessible locations
 Providing or modifying equipment or devices
 Adjusting or modifying application policies and procedures.
B. Performance
1. An employer generally does not have to provide a reasonable accommodation unless an
individual with a disability has asked for one.
2. If an employer believes that a medical condition is causing a performance or conduct
problem, it may ask the employee how to solve the problem and if the employee needs a
reasonable accommodation.
3. Once a reasonable accommodation is requested, the employer and the individual should
discuss the individual's needs and identify the appropriate reasonable accommodation.
4. Where more than one accommodation would work, the employer may choose the one
that is less costly or that is easier to provide
Transition: Now that we explained what employment aspects are covered we will
Describe how this ace is enforced.
V.
How is this act enforced
A.
The Department of Justice enforces the ADA's requirements in three areas:
Title I: Employment practices by units of State and local government
Title II: Programs, services, and activities of State and local government
Title III: Public accommodations and commercial facilities
B. Enforcement

Through lawsuits and both formal and informal settlement agreements, the
Department has achieved greater access for individuals with disabilities in
thousands of cases. Under general rules governing lawsuits brought by the
Federal Government, the Department of Justice may not file a lawsuit unless it
has first unsuccessfully attempted to settle the dispute through negotiations
C. Litigation

VI.
The Department may file lawsuits in Federal court to enforce the ADA and may
obtain court orders including compensatory damages and back pay to remedy
discrimination. Under title III the Department may also obtain civil penalties of up
to $55,000 for the first violation and $110,000 for any subsequent violation.
Conclusion
A. Summary

Today we have discussed the ADA of 1990 and we have talked about
who is affected by this act, what employment aspects are covered and how this
act is enforced.
B. The ADA of 1990 prohibits discrimination against individuals with
disabilities.
C. When making hiring decisions, employers have to be conscious of how to handle
employment and disability issues carefully in order to avoid legal matters in the future.
Immigration Reform and Control Act of 1986
I.
Introduction and outline
A. The prospect of employment, is an economic magnet that draw both legal and
immigrants to the United States in record numbers
illegal
II. Origin and History of the Immigration Reform and Control Act of 1986
A. Mazzoli and Simpson
1. Simpson-Mazzoli Act
B. Inception of New Hiring Practices
(That’s the basic history of the IRCA, now Paige will tell us whom it affects and how…)
III. Affects
A. Employees
1. Documentation
2. Legal Requirements
B. Employers
1. Applications
2. Legal Responsibilities
C. Labor Market
1. Subcontractors
2. Discrimination
(Transition Sentence: Now that we understand whom the IRCA effects, Queen will talk about what
aspects of Employment this act covers…)
IV. Employment aspects covered:
A. Legal hiring
1. I-9
B. Forms of legal working status
1. F1 student visa
2. H1b visa
C. Homeland Security
1. Background check
2. Agreement with application information
(Next, Brian will talk about, how the IRCA is enforced…)
V. Enforcement
A. U.S. Citizenship and Immigration Services
1. Formerly INS
2. Homeland Security
B. Sanctions
1. Penalties
2. Criminal Prosecution
D. Additional Info
1. Options for existing workers.
2. Increased usage of "subcontractors"
3. Temporary Work Visas provided if employers can demonstrate
lack of available work
VI. Summary and Conclusion
A. Compliance with the IRCA is critical as we experience more and more
into the U.S.
immigration
Case Study Outline:
Genetic information Nondiscrimination Act of 2008
I. Intro
A. Hook
1. The late Senator Ted Kennedy applauded GINA as "the first civil rights bill of
the new century of the life sciences."
B. Thesis
1. The Genetic Information Nondiscrimination Act of 2008 (GINA), is designed
to prohibit the improper use of genetic information in health insurance and employment.
C. Preview
1. This presentation provides a description/summary, states who is affected,
answers what employment aspects are covered and describes who enforces The Genetic
Information Nondiscrimination Act.
(Rediet) will now provide a description/summary of The Genetic Information Nondiscrimination
Act
II. Description
A. The Genetic Information Nondiscrimination Act of 2008, also referred to as GINA, is
a new Federal law that prohibits discrimination in health coverage and employment based on
genetic information.
1. The statute defines ‘genetic test’ as an analysis of human DNA, RNA,
chromosomes, proteins, or metabolites that detects genotypes, mutations, or chromosomal
changes.
B. Title I prohibits group health plans and health insurers from denying coverage to a
healthy individual or charging that person higher premiums based solely on a genetic
predisposition to developing a disease in the future.
C. Title II of GINA outlines unlawful activities for an employer, employment agency,
labor organization, or training program in the use of genetic information.
( Kehri ) will now go over who is affected.
III. Who is affected
A. Title I
1. Current insurance receivers
2. Future insurance receivers
B. Title II
1. Current employees
2. Future employees
C. Excluded
1. GINA will not be retroactive, i.e., it cannot apply to acts or omissions that
occurred
prior to GINA’s effective dates.
D. Personal example.
( Natasha) will now give an account of what employment aspects are covered in The Genetic
Information Nondiscrimination Act
IV.
What employment aspects are covered
A. An employer may not use genetic information in making decisions regarding hiring,
promotion, terms or conditions, privileges of employment, compensation, or termination.
B. An employer may not limit, segregate, or classify an employee or deprive that
employee of employment opportunities, on the basis of genetic information.
C. An employer may not request, require, or purchase genetic information of the
individual or a family member of the individual except in rare cases
D. An employment agency may not fail or refuse to refer an individual for employment
on the basis of genetic information, nor attempt to cause an employer to discriminate against an
individual on the basis of genetic information.
E. An employer may not use genetic information in making decisions regarding
admission to or employment in any program for apprenticeship or training and retraining,
including on-the-job training.
F. A labor organization may not exclude or expel from membership, or otherwise
discriminate against an individual because of genetic information.
(Kehri ) will now describe how The Genetic Information Nondiscrimination Act is enforced.
V. How is this enforced
A. Title I
1. The Department of Labor, the Department of the Treasury, and the Department
of Health and Human Services
B. Title II
1. The Equal Employment Opportunity Commission (EEOC)
2. Individuals may also have the right to pursue private litigation.
3. Remedies for violations include corrective action and monetary penalties.
( Mat) will now summarize the presentation and we will all take questions.
VI. Conclusion
A. The Genetic Information Nondiscrimination Act protects all Americans by:
Prohibiting insurers in both the group and individual health insurance market from requesting or
requiring genetic testing of an individual or his family or using genetic information to determine
eligibility or establish premiums. It also prohibits employers, including employment agencies
and labor organizations, from requesting or requiring genetic testing of an individual or his
family or using genetic information to make hiring or promotional decisions, or when
determining eligibility for training programs.
B. An overwhelming majority of Americans (85%) believe that if someone has a genetic
test, their employer should not have the right to know the results. Republicans, Democrats, and
individuals from all racial and ethnic groups, religions, and income and education levels share
this opinion. [Survey conducted in 2002 by the Genetics and Public Policy Center, Johns
Hopkins University.]
Case study title: The Age Discrimination in Employment Act 1967 (ADEA)
I. Introduction:
Attention getter: “Discrimination due to age is one of the great tragedies of modern life. The desire to
work and be useful is what makes life worth living, and to be told your efforts are not needed because you
are the wrong age is a crime.” Johnny Ball
Thesis: The ADEA was enacted to protect employees against unfair discrimination due to their age
(40+).
Preview: Today we will be discussing the ADEA including its description, who’s affected, the
employment aspects covered, and how it is enforced.
Transition: First Alma will be giving us a detailed description of the ADEA.
II. Description of Act:


The Age Discrimination in Employment Act (ADEA) is the federal law governing age
discrimination. It was enacted in 1967 to promote the employment of older workers based on
ability rather than age, prevent discrimination, and help solve the problems that arise with an
aging workforce. Many states also have laws prohibiting age discrimination and may have more
restrictions than the ADEA.
ADEA protections include:
1. Apprenticeship Programs
It is generally unlawful for apprenticeship programs, including
joint labor-management apprenticeship programs, to discriminate on the basis of an
individual’s age. Age limitations in apprenticeship programs are valid only if they fall within
certain specific exceptions under the ADEA or if the EEOC grants a specific exemption.
2. Job Notices and Advertisements
The ADEA generally makes it unlawful to include age
preferences, limitations, or specifications in job notices or advertisements. A job notice or
advertisement may specify an age limit only in the rare circumstances where age is shown to
be a “bona fide occupational qualification” (BFOQ) reasonably necessary to the normal
operation of the business.
3. Pre-Employment Inquiries
The ADEA does not specifically prohibit an employer from
asking an applicant’s age or date of birth. However, because such inquiries may deter older
workers from applying for employment or may otherwise indicate possible intent to
discriminate based on age, requests for age information will be closely scrutinized to make
sure that the inquiry was made for a lawful purpose, rather than for a purpose prohibited by
the ADEA
Transition: Next Russell will be detailing who is affected by the Act.
III. Who is Affected:

Covered
ADEA forbids age discrimination against people who are 40 or older.
Not illegal to favor an older worker over a younger one. Discrimination can occur when the
victim and the person who inflicted the discrimination are both over 40.
No limits for age. All workers 40 and older are protected.
All U.S. citizens employed by U.S. companies have same broad protections against
discrimination even when working in foreign countries. The protections travel with them.

Not Covered
It does NOT protect those under the age of 40, although some states do have laws that protect
younger workers from age discrimination.
People not employed by employer, independent contractors

Who qualifies as an Employer under the ADEA?
Every individual, partnership, association, labor organization, corporation or group of organized
individuals who are:
- engaged in industry affecting commerce
- have 20 or more employees
- have an employment relationship with the claimed employee

Exceptions
“bona fide executives” or “high policymakers” (i.e. an employer can impose retirement on any
employee 65 or older) who is a “bona fide executive” or high policymaker”
Transition: Lenard will now discuss what employment aspects are covered under the Act.
IV. What Employment Aspects are Covered:

The Age Discrimination in Employment Act prohibits an employer from refusing to hire, firing,
or otherwise discriminating against an employee age 40 or older, solely on the basis of age. Thus,
an employer can't deny an employee pay or fringe benefits when the only justification is age. Nor
may an employer classify employees into groups on the basis of age in a way that unfairly
deprives workers of employment opportunities. For example, an employer may not relegate all
older workers to a particular level of employment within a company and then decline to promote
them.

In 1990, Congress further extended the reach of the Age Discrimination in Employment Act by
passing the Older Workers Benefit Protection Act (OWBPA) as a way to further ensure that
worker benefits were further protected from age discrimination.

As is the case with all forms of discrimination, retaliating against an employee who files an age
discrimination charge is unlawful under the ADEA. After an employee has filed a charge or
complaint against his employer, whether internally or with an outside agency -- such as the Equal
Employment Opportunity Commission (EEOC) -- or court, the employer should refrain from
taking any action against the employee that might be construed as retaliation.
Transition: Lastly Susie will talk about how the Act is enforced.
V.
How is the Act Enforced:

EEOC enforces by:
o Investigating and Inspecting and requires keeping records
o Gathering information
 The complaining party's name, address, and telephone number;
 The name, address, and telephone number of the respondent employer,
employment agency, or union that is alleged to have discriminated, and
number of employees (or union members), if known;
 A short description of the alleged violation (the event that caused the
complaining party to believe that his or her rights were violated); and
 The date(s) of the alleged violation(s).
o
Issues guidelines.
 A charge must be filed with EEOC within 180 days from the date of the
alleged violation, in order to protect the charging party's rights.
 This 180-day filing deadline is extended to 300 days if the charge also is
covered by a state or local anti-discrimination law. For ADEA charges,
only state laws extend the filing limit to 300 days.
 These time limits do not apply to claims under the Equal Pay Act,
because under that Act persons do not have to first file a charge with
EEOC in order to have the right to go to court. However, since many
EPA claims also raise Title VII sex discrimination issues, it may be
advisable to file charges under both laws within the time limits indicated.
o
Resolving complaints
o
Waiver can be used to avoid legal action if the individual signed it knowingly and
willingly
 Ex: Individual is let go from a job and offered early retirement incentive,
usually sign a waiver to avoid legal action in the future.
Transition: Now that we have outlined what the ADEA encompasses lets review the key points that we
covered today.
VI.
Conclusion
Review:
 The ADEA was enacted in 1967 to protect employees 40 and older against unfair descrimination.
 It protects employees age 40 and older. There is no limit on age. Does not protect those under the
age of 40.
 All aspects of hiring, firing, and descrimination solely based on their age (40+)
 It is enforced by the EEOC and is investigated and taken seriously at the judicial level.
Final thought: According to an Equal Employment Opportunity Commission (EEOC) announcement,
93,277 workplace discrimination charges, the second highest level of charges ever filed with the agency,
were filed in 2009. The second highest number of age discrimination charges on record. Stuart J.
Ishimaru, the EEOC’s acting chairman encouraged employers to “step up their efforts to foster
discrimination-free and inclusive workplaces, or risk enforcement and litigation by the EEOC.”