Management 4540 Chapter 34 - Employment Discrimination

Front 1

Title VII of the civil rights act of 1964

Back 1

A. Forbids discrimination in employment on the basis of religion, race, sex color or national origin.

B. Covered organizations:
1. Employers or unions with 15 or more workers (6 in MO)
2. Employment agencies and govt. agencies (even congress)

Front 2

EEOC Procedures

Back 2

1. Worker files complaint with EEOC or state agency

2. Agency investigates

3. Agency sues on behalf of the employee or issues a right to sue letter or a no cause letter

4. Employee then may proceed with suit within 90 days if the agency does not.

Front 3

Title VII: Disparate Treatment Discrimination - Prima Facie Case

Back 3

1. Plantiff is an employee or aplicant for employment and a member of a protected class

2. Plaintiff was qualified for the position

3. Plaintiff suffered an adverse employment action

4. A member of another protected class was treated more favorably (was hired)

Front 4

Title VII: Disparate Treatment Discrimination - Burden shifting

Back 4

1. After the Prima Facie case, employer must show a legitimate nondiscriminatory reason for action at trial or the employee wins the case

2. If employer does so, then employee must show that discrimination was the real reason, often involving a showing that the stated reason was pre text

Front 5

Title VII: Disparate Treatment Discrimination - Use of summary judgment

Back 5

1. Summary judgment is appropriate when there is no genuine issue of material fact or when a plaintiff has not provided evidence of each element of the cause of action.

2. In intentional discrimination cases, summary judgment is appropriate if the employer has provided evidence of a legitimate reason for the adverse decision, but the employee has no evidence of pretext or intentional discrimination.

Front 6

Title VII: Disparate Impact Discrimination - Prima Facie Case

Back 6

1. Employer has a semmingly neutral employment practice

2. The employment practice caused protected class to be adversely and disproportionately impacted

Front 7

Title VII: Disparate Treatment Discrimination - Burden shifting

Back 7

1. Employer shows evidence of business necessary of neutral practice

2. Employee shows there are less burdensome action to meet legitimate goal

Front 8

Title VII remedies

Back 8

A. Reinstatement and back pay - the employee is returned to the position and given the money lost because of discrimination.

B. Injunctions: Court orders to stop specific employment practices

C. Compensatory Damages: Damages for emotional suffering due to hostile employment environment

D. Punitive Damages: Damages to punish the defendant for a malicious act of discrimination

E. Vicarious Liability:
1. Where an employee suffers a tangible employment detriment because of the action of a supervisor

2. For hostile environment where there was no effective prevention procedure

3. For hostile environment where the employee took advantage of a grievance procedure and no remedial action was taken by the employer.

4. For harassment by a coworker (or customer) where the employer had notice and failed to take prompt remedial action.

Front 9

Sexual Harrassment

Back 9

1. Quid pro quo harassment: the employee is offered an employment benefit in exchange for a sexual favor, or threatened with an employment detriment if a sexual request is refused.

2. Hostile environment: the employee has a difficult time tolerating or accomplishing the job because of offensive sexual touching, comments or jokes.
a. Hostile environment claim may also be made based upon racial or religious harassment.
b. Harassment must be severe or pervasive to be actionable

3. Reasonable person: Standard and employment relationships

Front 10

Pregnancy discrimination

Back 10

It is illegal to discriminate against a woman because she is pregnant or is able to become pregnant.

Front 11

Equal pay act

Back 11

Women and men must receive equal pay for equal work

Front 12

Glass ceiling

Back 12

The reality that women and minorities are statistically under represented at the highest levels of management in corporations.

Front 13

Age discrimination in employment act

Back 13

A. Employers are covered under the ADEA if they have 20 or more employees

B. Prima Facie Case
1. Plaintiff was an employee and a qualified member of a protected age group
2. Plaintiff suffered an adverse employment action under circumstances which give inference of discrimination

C. Burden shifting: Similar to title VII

Front 14

Americans with disabilities act

Back 14

A. Civil suits under the ADA. Plaintiff must show she/ he:
1. Has a disability affecting one or more major life activities
2. Is an employee or applicant for employment otherwise qualified for the position.
3. Was excluded from employment solely because of disability (or employer failed to make reasonable accommodation)

B. Covered employers - applies to employers with 15 or more employees

Front 15

Affirmative action

Back 15

A. Rationale: A preference in hiring or promotion given to a woman or a member of a minority group to make up for a past subjugation or discrimination.

B. Reverse discrimination:
1. Civil Rights law prohibits state action which violates equal protection under the law

C. Guidelines for government employment policies

Front 16

Five defenses potentially available to employer:

Back 16

1. Business necessity - the employment qualification involved is required to do the job.

2. Bona fide occupational qualifications: religion, sex or national origin goes to heart of position (not race)

3. Bona fide seniority system: A good faith system which favors employees who have been employed the longest.

4. Lack of grounds for vicarious liability - there was no tangible employment action by a supervisor, and the employer's anti-discrimination policy was thorough and effective or thorough and not followed by the plaintiff.

5. Nondiscriminatory reasons for employment action or behavior.