Civil Rights Eeoc

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[1866] Civil Rights Act

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prohibits race discrimination in contracts

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[1964] Civil Rights Act (amended by Equal Employment Opportunity Act, 1972)

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Estab. protected classes (race, color, religion, gender, or national origin) & EEOC; for ≥15 employees daily for ≥20 weeks, applies to ed. insts, emp.agencies, and labor unions ≥15. Annual reports due if >100, or >50 wi/govt contracts

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[1965] Executive Order 11246, amended by 11375 (1967), 11478 (1969), and 12138 (1979)

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Federal contractors wi/contracts > $10,000 during any 12-month period to comply wi/civil Rights Act of 1964 & take + steps to eliminate emp. barriers to women and minorities. 11478 = no discrim in fed agencies

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[1967] Age Discrimination in Employment Act, amended 1978, 1986

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Applies ≥40; compulsory retirement for few workers; employers with > 20 employees & unions >25

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[1972] Equal Employment Opportunity Act (EEOA)

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Amends Title VII of the Civil Rights Act of 1964; increases the enforcement powers of the Equal Employment Opportunity Commission; adds employees of state and local government and educational institutions.

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[1973] Rehabilitation Act, amended 1980

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Prohibits discrimination against persons with physical and/or mental disabilities and provides for affirmative action; covers government contractors >50/$50,000 and federal agencies. Monitored OFCCP.

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[1974] Vietnam Era Veterans Readjustment Assistance Act

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Prohibits discrimination against certain veterans; contractors > $25,000. If >50/$50,000 written affirm. Action. Monitored by OFCCP.

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[1978] Pregnancy Discrimination Act

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pregnancy = short-term disability, no unusual accomodations required, but can't dismiss if accom unnecessary; ≥ 15 employees

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[1986] Immigration Reform and Control Act (IRCA)

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No discrimination against job applicants on national origin or citizenship; penalties for hiring illegal aliens must establish each employee's identity and right to work wi/ I-9.

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[1990] Americans with Disabilities Act (ADA)

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Prohibits discrimination against individuals with disabilities; virtually all employers with ≥ 15 employees.

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[1990] Older Worker's Benefit Protection Act

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Prohibits discrimination with regard to benefits on the basis of age; covers employers with 20 or more employees; provides terminated employees with time to consider group termination or retirement programs and consult an attorney.

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[1991] Civil Rights Act

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restab burden proof (emp protected class and adverse impact); compensatory and punitive damages permitted

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[1979] U.S. Steelworkers v. Weber

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AA: Voluntary affirmative action quotas bewteen emp and union legal when remedying prior discrimination and temporary measure

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[1987] Johnson v. Santa Clara County Transportation Agency

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AA: gender can be used as a factor in emp. decision if under-representation shown and AAP doesn't have firm quotas

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[1993] Taxman v. Board of Education of Piscataway

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AA: a voluntary AAP (in absence of past discrimination or underrepresentation) may not be discriminatory

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[1988] Martin v. Wilks

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AA: can sue for reverse discrimination even if policy is due to a consent degree, but only if not part of original agreement

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[1989] City of Richmond v. J.A. Croson Company

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AA: rigid quota systems illegal without evidence of past discrimination

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[1978] Regents of the Univ. of California v. Bakke

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ED: race cannot be only factor

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[1996] Hopwood v. State of Texas

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ED: race can't be factor (14th amendment); not heard by Supreme Court

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[2003] Grutter v. Bollinger

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ED: narrow use of race in pursuing diversity in admissions permitted

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[1973] McDonnell-Douglas Corp. v. Green

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DIS: Established guidelines for a prima facia case in discrimination: (1) complainant establishes case by showing belongs to racial minority, (2) applied and was qualified for a job seeking applicants, (3) rejected despite qualifications, (4) after rejection position remained open

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[1976] Chandler v. Roudebust

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DIS: Federal employees may institute civil proceedings for civil rights violations

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[2004] General Dynamics Land Systems, Inc. v. Cline

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DIS: emp decisions can favor older workers

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[1977]Automobile Workers v. Johnson Controls

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DIS: decision about welfare of children must be made by parents and not employers

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[1987] School Board of Nassau v. Arline

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DIS: person with a contagious disease could be considered as handicapped, posing serious health threat does not exclude them from coverage of act, decision of whether someone poses a serious health threat to others should be left to public health officials

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[1971] Griggs v. Duke Power

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SEL: requirements related to job & unintentional not defense

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[1975] Abermarle Paper Company v. Moody

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SEL: tests validated & criteria job related

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[1976] Washington D.C. v. Davis

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SEL: adverse impact permitted wi/valid performance predictor

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[1978] Uniform Guidelines on Employee Selection Procedures/ UGESP

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SEL: No disparate impact (4/5ths) unless job-related and business necessity

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[1986] Meritor Savings Bank v. Mechelle Vinson

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SH: established hostile environment

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[1993] Teresa Harris v. Forklift System, Inc.

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SH: reasonable person test for hostile work environment

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[1998] Beth Farager v. City of Boca Raton

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SH: defines tangible employment action

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[1998] Burlington Industries v. Kimberly Ellerth

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SH: employers are strictly liable for harassment wi/tangible employment action, and vicariously liable w/o tangible employment action unlessaffermative defence (took reasonable care and employee failed to take advantage)

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[1998] Ocale v. Sundowner Offshore Services, Inc.

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SH: extended def of sexual harassment to include same sex

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[1980] Guidelines on Sexual Harassment

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SH: Coverage same as the Civil Rights Act of 1964, as amended; defines standards for what constitutes harassment.

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EEOC complaint process

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1. Does EEOC have jurisdiction?
2. Accepts and advises emp in 10 days, requesting info
3. investigates and issues Dismissal and Notice of Rights or Letter of Determination (Cause letter) 4. if LD, EEOC attempts conciliation
5. If no conciliation, EEOC can sue or issue Right to Sue letter.