Ch. 18 L And S

Front 1

◦Disparatetreatment

Back 1

Step1 – Plaintiff presents evidence that:Hebelongs to a protected category Hewas treated differently from other similar people who are not protectedPrima facie:From Latin, meaning “from its first appearance,” something that appears trueupon first look

Step2 – Defendant must present evidence that its decision was based on legitimate,nondiscriminatory reasons

Step3 – To win, plaintiff must prove that the employer intentionally discriminatedby showing that:Reasonsoffered were simply pretextDiscriminatoryintent is more likely than nota

Front 2

◦Disparate impact

Back 2

Step1 – Plaintiff must present a prima facie caseStep2 – Defendant must offer some evidence that the employment practice was ajob-related business necessityStep3 – To win, plaintiff must prove either that:Employer’s reason is a pretext or that other, less discriminatory, rules would achieve thesame results

Front 3

◦Hostilework environment

Back 3

Sexual harassment – Unwelcome sexual advances Requests for sexual favors verbal or physical conduct of sexual nature that interfere with an employee’s ability to work Categories: Quid pro quo: One thing in return for another Hostile work environment

Same-sex harassment Employer liability for sexual harassment. The company is also liable for the employee’s conduct based on race color national origin

Front 4

Retaliation

Back 4

◦Employer has done something that would deter a reasonable worker from complaining about discrimination

Front 5

Bona fide occupational qualification(BFOQ)

Back 5

◦Employeris permitted to establish discriminatory job requirements if they are essentialto the position in question◦Employersconsider customer preference in such situations Safety Privacy Authenticity

Front 6

Affirmative Action

Back 6

Goal is to remedy the effects of past discrimination◦SourcesLitigationVoluntaryactionGovernmentcontracts

Front 7

Equal Pay Act of 1963

Back 7

Employee may not be paid at a lesser rate than employees of the opposite sex for equalwork◦Equalwork – Tasks that require equal skill, effort, and responsibility under similarworking conditions

Front 8

Age Discrimination Act

Back 8

An employer with 20 or more workers may not fire, refuse to hire, fail to promote or otherwise: ◦Reduce a person’s employment opportunities because he is 40 or older}Plaintiff can show discrimination in:◦Disparate treatment◦Disparate impact◦Hostile work environment

Front 9

Disparate Treatment part 2

Back 9

Step1 – Plaintiff must show that:◦He is 40 or older◦He suffered an adverse employment action◦He was qualified for the job for which he fired or not hired◦Replaced by younger person. Step2 – Employer must present evidence that its decision was based on legitimate,nondiscriminatory reasons. Step3 – Plaintiff must show that employer’s reasons are a pretext

Front 10

Disparate Impact Part 2

Back 10

Step1 – Plaintiffs must present a prima facie case that employment practice excludes a number of people 40 and older. Step2 – Employer wins if decision was based on “reasonable factor other than age”

Front 11

Hostile Work Enviorment (age)

Back 11

Workenvironment is hostile when a reasonable person would find that intimidation,ridicule and insult on age pervasive. Bonafide occupational qualification◦Toset a maximum age, employer must show that:Agelimit is necessary to the essence of businessVirtuallyeveryone that age is unqualified for the jobAgeis the only that an employer can determine who is qualified

Front 12

Bonafide occupational qualification (age)

Back 12

◦Toset a maximum age, employer must show that:Agelimit is necessary to the essence of businessVirtuallyeveryone that age is unqualified for the jobAgeis the only that an employer can determine who is qualifiedPublicsafetyPilotsBusdrivers

Front 13

}RehabilitationAct of 1973

Back 13

◦Prohibitsdiscrimination on the basis of disability by: Executivebranch of the federal governmentFederalcontractors Entitiesthat receive federal funds

Prohibitsemployers with 15 or more workers from discriminating on the basis of adisability as long as the worker can, with reasonable accommodations, performthe basic of the job. Disability◦Disabledperson is:Someonewith a physical or mental impairment that limits a major life activity ORSomeonewho is regarded as having such an impairment

Front 14

}Accommodatingthe disabled worker

Back 14

Accommodatingthe disabled worker◦Reasonableaccommodation – Employers are expected to:Makefacilities accessiblePermitpart-time schedulesAcquireor modify equipmentAssigna disabled person to an open position that he can perform◦Canperform essential functions of the job◦Accommodationis not reasonable if it would create undue hardship for the employermba

Front 15

Medical exams

Back 15

Threestages◦Applicants◦Entering◦existing Withapplicants,employer may not require medical exam, interviewer may ask:◦Whetheran applicant can perform the work◦Applicantto demonstrate the work◦Whataccommodation applicant would need

◦Withenteringemployees, medical test must be:Requiredof all employeesTreatedas confidential◦Withexistingemployees, medical exam are required to determine:Ifa worker is still able to perform the existing function of the job

Front 16

Americans with Disabilities Act

Back 16

Anemployer may not discriminate against someone because of his relationship witha disabled person. Physicaland mental abilities are to be treated the same. Validclaims under the ADA◦Disparatetreatment ◦disparateimpact◦Hostilework environment

Front 17

Gender Info Nondiscrimination Act

Back 17

Employerswith 15 or more workers may not require:◦Genetictesting or discriminate against workers because of their genetic makeup. Healthinsurers may not use such information to decide coverage or premiums

Front 18

Enforcement

Back 18

Constitutionalclaims◦Peoplebringing a claim under the Constitution must file a suit on their own}CivilRights Act of 1866◦Advantagesover Title VIIFour-yearstatute of limitationsUnlimitedcompensatory and punitive damagesApplicabilityto all employers

RehabilitationAct of 1973◦Statuteis enforced by the EEOC, Department of Labor, and Department of Justice}Otherstatutory claims◦EEOCresponsible for enforcing:TitleVIIEqualPay ActPregnancyDiscrimination ActADEAADAGINA