Legl 2700: Part 3

Front 1

Laws prohibiting discrimination in employment

Back 1

1. Civil Rights Act of 1866
2. Railway Labor Act of 1926
3. Wagner Act of 1935
4. Civil Rights Act of 1964 (as amended by Equal Employment Opportunity Act of 1972 and Civil Rights Act of 1991)

Front 2

Enforcement procedures of Title VII

Back 2

1. Backpay
2. Reinstatement
3. Compensatory and punitive damages of up to $300,000 per person (according to company size) for intentional discrimination
4. Various time periods apply to enforcement actions, including:
a) Employee complaints must be filed with the EEOC within 180 days
b) Time periods under state Fair Employment Practices Commissions

Front 3

Types of illegal employment discrimination under Title VII CRA of 1964

Back 3

1. Disparate treatment discrimination
2. Disparate impact discrimination (discrimination in effect)
3. Harassment
a) Quid pro quo
b) Hostile environment
4. Discrimination based on religion
5. Pregnancy discrimination specifically forbidden by Pregnancy Discrimination Act of 1978
6. Discrimination in gender pay specifically forbidden by Equal Pay Act of 1963
a) Requires equal pay for "substantially equal" work
b) Problem of "comparable worth"
7. Discrimination based on a "bona fide" seniority system is permitted

Front 4

Defenses to some of the types of illegal employment discrimination under Title VII CRA of 1964

Back 4

1. Disparate treatment discrimination
-Defense: bona fide occupational qualification (b foq)
2. Disparate impact discrimination
-Defense: business necessity
3. Harassment
-Defense: employer took reasonable steps to prevent and takes immediate corrective measures when brought to employer's attention
4. Discrimination based on religion
-Defense: made "reasonable accommodations"
-Defense: religious employer

Front 5

Other anti-discrimination statutes

Back 5

1. Civil Rights Act of 1866
2. Age Discrimination in Employment Act
3. Americans with Disabilities Act
4. Health Insurance Portability and Accountability Act
5. State Anti-discrimination Laws
6. Affirmative Action

Front 6

Civil Rights Act of 1866

Back 6

-Prohibits racial discrimination in the making of contracts
-Broad definition of "contract" and "race"
-No limits of compensatory and punitive damages

Front 7

Age Discrimination in Employment Act

Back 7

-Prohibits employment discrimination against employees aged 40 and over
-"Bona fide" executives are subject to mandatory retirement policies
-Willful violations are subject to double damages

Front 8

Americans with Disabilities Act

Back 8

-Prohibits employers from requiring preemployment medical exams or asking questions about a job applicant's medical history
-Prohibits employers from discrimination against the "qualified disabled" - a disabled person who can perform a job or perform it with "reasonable accommodation"
___Employer can plead "undue hardship" regarding the accommodation
-Disability - "any physical or mental impairment that substantially limits a major life activity such as walking, talking, seeing, hearing, breathing, and working
___Not included within the meaning of "disability": homosexuality, sexual behavior disorders, compulsive gambling, kleptomania, and current drug or alcohol use
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Front 9

Health Insurance Portability and Accountability Act

Back 9

Prohibits insurers of group plans from denying an employee coverage or requiring a higher premium based on his health, medical condition, genetic history, or disability

Front 10

State Anti-Discrimination Laws

Back 10

-Sexual-orientation discrimination laws
-Weight discrimination
-State common law such as battery and intentional infliction of mental distress