Group 2: Chapter 43: Employment Discrimination

Group 2
Chapter 43: Employment Discrimination
When may an employee be legally fired? What are the federal laws governing employment situations? What are the legal requirements for a charge of sex discrimination? What is the difference between discrimination based on disparate treatment and discrimination based on disparate impact?
When may an employee be legally fired?

When violation is against a state statue, state constitution, public policy, a contract between an employee and employer.
What are the federal laws governing employment situations?
It is Civil Rights legislation. Employees cannot be fired, delayed in promotion or poorly paid for
What are the legal requirements for a charge of sex discrimination?
It is constituted by discrimination on the basic of pregnancy, childbirth, related medical conditions. It is constituted through lower pay, lower bonus, fewer promotion opportunities for female employees in comparison with male employees.
It is usually difficult to meet the legal requirements for a charge of sex discrimination.
What is the difference between discrimination based on disparate treatment and discrimination based on disparate impact?
It is a type of discrimination relating to such matters as recruitment, termination, promotion denial, This is a form of intentional discrimination causing damage or disadvantages for people in the class protected by laws
What are the legal requirements for a charge of sexual harassment?

-Protected
under Title VII of the Civil Rights Act of 1964 against workplace sexual harassment -Sexual harassment stated in The Equal Employment Opportunity Commission (EEOC) is the agency of the federal government responsible for investigating charges of job discrimination related to sex discrimination such as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature
2 forms of sexual harassment

-Quid Pro Quo Harassment - An employee is required to tolerate sexual harassment in order to obtain or keep a job, job benefit, raise, or promotion. -Hostile Work Environment Harassment : to determine whether an employers conduct has created a hostile work environment
What are the Title VII?

Portion of the Civil Rights Act of 1964 Protect an individual from employment discrimination on the basis of race, color, religion, sex, or national origin. Prohibit employers from hiring, refusing to hire, firing or laying off an individual due to his/her race, color, religion, sex, or national origin.
What are the employers defense to a charge under Title VII?

Three defenses: The bona fide occupational qualification Merit Seniority system defense
The bona fide occupational qualification
Allow an employer to discriminate in hiring on the basis of sex, religion when doing so is necessary for the performance of the job Necessity must be based on actual qualifications, not stereotypes about one groups abilities
Merit

Raised when hiring or promotion decisions are partially based on test score. Test must be validated in accordance with standards established by the American Psychological Association
Seniority system defense
In whichs employees are given prferential treatment based on their length of service, may perpetuate past discrimination
What are the legal requirements for a charge of age discrimination?

_ The Age discrimination in Employment Act of 1967 -It was enacted to prohibit employers from refusing to hire , discharging, or discriminating in term and conditions of employment against employees or applicants age 40 or older
Proving Age Discrimination under ADEA

- The plaintiff must establish facts sufficient to create a
reasonable inference that age was a determining factor in the termination. -The plaintiff need not prove replacement by someone outside the protected class.
What is the Equal Pay Act? May employers discriminate against smokers? What are the legal requirements for a charge of pregnancy discrimination?
The Equal Pay Act
The Equal Pay Act of 1963 is a United States federal law amending the Fair Labor Standards Act, aimed at abolishing wage disparity based on sex. It was signed into law on June 10, 1963 by John F. Kennedy as part of his New Frontier Program.
In passing the bill, Congress denounces sex discrimination for the following reasons:

It depresses wages and living standards for employees necessary for their health and efficiency It prevents the maximum utilization of the available labor resources It tends to cause labor disputes, thereby burdening, affecting, and obstructing commerce It burdens commerce and the free flow of goods in commerce It constitutes an unfair method of competition
Equal Pay Act 1970
An Act of the United Kingdom Parliament which prohibits any less favourable treatment between men and women in terms of pay and conditions of employment. It was passed by Parliament in the aftermath of the 1968 Ford sewing machinists strike and came into force on 29 December 1975 The act has been criticized as it fails to address the gap between ethnic minorities (Black and Asian) and white workers. The gap between ethnic minorities and white workers is much higher than that of men and women.
May employers discriminate against smokers?
Under Michigan law, an employer can have both a smoke-free workplace and a workplace free of smokers. (Even though smoking is a legal activity, and even if the smoking is done exclusively during off-duty hours.)
Federal law prohibits employers from discriminating against any individual in hiring because of that individuals race, color, religion, sex, national origin, citizenship status, age, and disability. State law also prohibits discrimination in hiring based on age, height, weight, or marital status, in addition to race, color, religion, sex (which includes pregnancy), national origin, and on the basis of employee
Most employers, however, dont discriminate on the basis of smoking. Rather, they prohibit smoking in the workplace, including company vehicles, in order to provide a safe and healthful work environment for everyone, but allow smoking in certain designated, outside areas and away from the company building.
Pregnancy Discrimination
Pregnancy discrimination involves treating a woman (an applicant or employee) unfavorably because of pregnancy, childbirth, or a medical condition related to pregnancy or childbirth.

Group 2: Chapter 43: Employment Discrimination

Uploaded by

Copyright:

Available Formats

Group 2: Chapter 43: Employment Discrimination

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Group 2: Chapter 43: Employment Discrimination

Uploaded by

Copyright:

Available Formats

Group 2

Chapter 43: Employment Discrimination

When may an employee be legally fired?

What are the federal laws governing employment situations?

What are the legal requirements for a charge of sex discrimination?

What are the legal requirements for a charge of sexual harassment?

2 forms of sexual harassment

What are the Title VII?

What are the employers defense to a charge under Title VII?

The bona fide occupational qualification

Seniority system defense

What are the legal requirements for a charge of age discrimination?

Proving Age Discrimination under ADEA

The Equal Pay Act

Equal Pay Act 1970

May employers discriminate against smokers?

You might also like