Employment Relationships and Discrimination 2

1. Employment Relationships and Discrimination 2 Dr. Pamela Gershuny

2. Title VII of the Civil Rights Act of 1964 • No discrimination in hiring, firing, terms or conditions of employment on the basis of • Race, color, religion, national origin, gender • Similar statutes: ADA, PDA, ADEA • >15 Ee’s • Go to a private attorney specializing in this area, not the EEOC • State law parallels

3. Sexual Harassment • Quid pro quo • Hostile environment • Alters the conditions of the victim’s employment and creates an abusive working environment • Supervisors • Even though the R is not aware, it is liable • Put policies and training in place • Coworkers

4. Defenses • Business necessity • Literacy test? • BFOQ • Gender, religion, age, but never race • Jewish saleswoman in the Middle East territory • Seniority systems • After-acquired evidence

5. Affirmative Action • The Problem • 245 years of slavery • 200 years of legalized race and gender discrimination • Just ended in 1964 in the employment arena • Only ended in 1991 for women • Programs mandated by executive order in 1965 • Goal: Make up for past discrimination

6. Affirmative Action • Handout on Myths • Women earn 76 cents for every male dollar • Unemployment: Black people have twice the unemployment rate of Whites • Blacks have twice the infant mortality • Half of the people who attend 4 year colleges • 1.3 unemployed Black civilians/112 million employed white civilians = 1%

7. Challenges to Affirmative Action • Bakke- reverse discrimination Favorable weight can be given to minority applicants to create a diverse student body • Adarand- cannot use quota, can attempt to remedy past or current discrimination • State governments end affirmative action