Copyright © 2003 by The McGraw-Hill Companies, Inc. All rights reserved.
Chapter
The Legal Context of
Employment Decisions
3
Copyright © 2003 by The McGraw-Hill Companies, Inc. All rights reserved.
Discrimination
Disparate
Adverse
Treatment
Impact
Copyright © 2003 by The McGraw-Hill Companies, Inc. All rights reserved.
Disparate Treatment
Intentional
McDonnell
Douglas vs. Greene
Types
Direct
Evidence
Circumstantial Evidence
Mixed Motive
Copyright © 2003 by The McGraw-Hill Companies, Inc. All rights reserved.
Adverse Impact
Unintentional
Discrimination
Griggs vs. Duke Power Co.
Standards unrelated to job
High School Diploma
Wunderlich Test
Copyright © 2003 by The McGraw-Hill Companies, Inc. All rights reserved.
Answering Charges of Discrimination
 Questions
to ask about the charges filed against your company
Was the charge filed within the time allowed?
 Does the charge name the proper employer?
 Is your company subject to federal anti-discrimination statutes?

Copyright © 2003 by The McGraw-Hill Companies, Inc. All rights reserved.
Hostile Environment
Meritor
Savings Bank vs. Vinson
Employers liable for actions of
customers (e.g. Accounting firms)
Exercise reasonable care / act
promptly
Copyright © 2003 by The McGraw-Hill Companies, Inc. All rights reserved.
Quid Pro
Quo Harassment
Burlington
Industries vs. Ellerth
Employer liable for Supervisor
misconduct even when unaware.
Defense – Reasonable steps to
prevent harassment.
Copyright © 2003 by The McGraw-Hill Companies, Inc. All rights reserved.
Sexual Harassment
Hostile Environment
Intimidating, hostile or offensive
environment; Unwelcome advances.
Quid
You
Pro Quo
give me this: I’ll give you
that.
Copyright © 2003 by The McGraw-Hill Companies, Inc. All rights reserved.
Preparing a Response to Charges of
Discrimination
 When
preparing a response you should consider the following:
Agree to mediate the charge
 Make a settlement offer to the charging party
 Prepare a company position statement

 The
position statement should include the following:
Brief description of the company’s business
 Brief description of your understanding of the charging party’s position
 Brief description of rules, policies, or procedures you think are
relevant
 Chronological description of all events leading up to and including the
event

Copyright © 2003 by The McGraw-Hill Companies, Inc. All rights reserved.
Discriminatory Practices
Job applicants may not be rejected based on
the following
Race
National Origin
Age
Sex
Physical Disability
Copyright © 2003 by The McGraw-Hill Companies, Inc. All rights reserved.
BFOQ
Examples?
Seamstress
Spa Attendant
Sperm
Donor
Wet Nurse
Discrimination for Gender OK when
necessary for the operation of the enterprise.
Copyright © 2003 by The McGraw-Hill Companies, Inc. All rights reserved.
Eighty / Twenty Rule
Total
Interviewed
100
Number Hired
Percentage %
40
40
50
Minority
20
50
Minority
15
40
OK
32 % Minimum
30
Not OK
Copyright © 2003 by The McGraw-Hill Companies, Inc. All rights reserved.
Federal Enforcement Agencies
 The

EEOC and the OFCCP enforce federal discrimination policy
EEOC (Equal Employment Opportunity Commission)
Headed-up by five members
 Only three can be from the same political party
 Positions appointed by the United States President
 Serve five year terms


OFCCP (Office of Federal Contract Compliance Programs)

Uses and enforces many of the same policies and procedures as the EEOC
Copyright © 2003 by The McGraw-Hill Companies, Inc. All rights reserved.
EEOC Guidelines
 EECO
Complaints are considered under the following criteria:
Does the complaint fall with 180 days of alleged discrimination
 Was the complaint resolved within 60 days
 Was there are voluntary reconciliation of the complaint
 Is the company a public employer

Copyright © 2003 by The McGraw-Hill Companies, Inc. All rights reserved.
Make up of Primary Discrimination
Case Law
 Employment
Case Law
 Unfair discrimination based on race, sex, age, religion, or national
origin
 Seniority
 Testing and interviewing
 Personal history information
 Preferential Selection
Copyright © 2003 by The McGraw-Hill Companies, Inc. All rights reserved.
Beyond the Position Statement
 The
following courses of action may be taken by the EEOC or other
governing body following the position statement of a company
Make a determination without requesting additional information from
the company
 Request additional documentation or other information from the
company
 Hold a fact finding conference, usually during an investigation on the
company’s premises

Copyright © 2003 by The McGraw-Hill Companies, Inc. All rights reserved.
EEOC Findings
 If
the company is not found in violation
A no cause finding is issued
 The accusing employee has 90 days to file a law suit in court

 If
the company is found in violation
A cause finding is issued
 The at fault company will be invited to a conciliation

Copyright © 2003 by The McGraw-Hill Companies, Inc. All rights reserved.
A Complete List of Discrimination
Acts and Laws
Thirteenth and fourteenth amendment to the Constitution
 Civil Right Acts of 1866 and 1871
 Equal Pay Act of 1963
 Title VII of the Civil Rights Act of 1964
 Age Discrimination and In Employment Act of 1967 (as amended in 1996)
 Immigration Reform and Control Act of 1986
 American with Disabilities Act of 1990
 Civil Right Act of 1991
 Family and Medical Leave Act of 1993
 Executive Order 11246, 11375, and 11478
 Rehabilitation Act of 1973
 Uniform Service Employment and Re-employment Rights Act of 1994

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