Diversity in the
Workplace
A Legal Perspective
Title VII, Civil Rights Act of 1964
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an employer may not treat an employee differently or poorly on
the basis of race, national origin, color of skin, religion, age,
disability, or sex/gender
employers with 15 or more employees, dealing with interstate
commerce and subject to federal regulation
expanded to include not only employees but also patrons and
vendors
administered by Equal Employment Opportunity Commission
expanded with Age Discrimination and Employment Act of
1967, Vietnam Veterans’ Readjustment Assistance Act of 1974,
Pregnancy Discrimination Act of 1978, and with The American
Disability Act of 1990.
Affirmative Action and Title VII are opposites
The Protected Classes
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Race-Caucasian, Asian, Black, Pacific Islander,
American Indian
National Origin-country of birth, ethnicity, ancestry
or culture
Color of Skin-regardless of color (reverse)
Religion-his or her beliefs, requires accommodation
Age-age 40 and over
Disability
Sex-Gender
Disability
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Vietnam and disabled veterans
A physical or mental impairment that substantially limits
one or more major life activities
‘Impairment’ is a diagnosable physiological, mental, or
psychological disorder or condition
‘Substantially limits’ mean limited more than the average
person based on nature, severity, and duration
‘Major life activities’ means walking, breathing, seeing,
hearing, learning, sitting, standing, lifting, sleeping,
working, and caring for oneself.
Disability
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Disability Discrimination
Has a current disability, has a history, or perceived to be
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Reasonable Accommodation
Not unduly burdensome (not very costly, does not
fundamentally alter the business operation, not a direct
threat to the safety and health of other employees)
Can be equipment, flexible schedules, special construction
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Access
Ramps, door widths, parking, accessible restrooms nad
facilities.
Sex/Gender
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Pregnancy Discrimination
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Sexual Harrassment
Two Types
Quid pro quo
Hostile work environment
Success factors
Sexual in nature
Either severe or pervasive
Unwelcome or unwanted
Advice for Managers
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Have Title VII Policies and Procedures
Be clear about ‘Legitimate Business Purpose’ Concept
Develop Objective Job Critera
Never Retaliate
Advice for Employees
Follow Policies and Procedures
Behave Reasonably