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EMPLOYMENT DISCRIMINATION

EMPLOYMENT DISCRIMINATION. Basic concepts of employment discrimination law and case law examples of how it is applied. Employment Discrimination . Broad field of litigation Lots of claims and lawsuits Lots of legislative and judicial attention Rapidly changing area of law

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EMPLOYMENT DISCRIMINATION

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  1. EMPLOYMENT DISCRIMINATION Basic concepts of employment discrimination law and case law examples of how it is applied

  2. Employment Discrimination Broad field of litigation Lots of claims and lawsuits Lots of legislative and judicial attention Rapidly changing area of law Employers and supervisors must be informed and proactive

  3. Employment Discrimination The overview: Federal and state laws forbid discrimination in any aspect of employment based on a prohibited factor State law generally tracks federal law and applies the same standards

  4. Employment Discrimination What cannot be a motivating factor? Race Age Color Disability/Medical Conditions Religion Pregnancy/Caretakers Gender Sexual orientation National origin Genetic information Military service Smoking/Non-smoking

  5. Employment Discrimination The main categories of claims: Failure to Hire or Promote Harassment (sexual or otherwise) Hostile Work Environment Wrongful Termination (including constructive discharge)

  6. Employment Discrimination How do claims arise? Disparate treatment: deliberately discriminating against an individual (most claims will fall into this category) Disparate impact: having a neutral policy that has a discriminatory effect

  7. Employment Discrimination Failure to hire or promote: Member of a protected class met job qualifications, applied but did not get the job Position remained open with search for person with same qualifications Legitimate business decisions are usually protected Specific examples from case law

  8. Employment Discrimination Improper conduct based on any protected or prohibited factor (age, race, sex, gender, disability, etc.) can form the basis for a harassment claim Majority of litigated claims involve race, sex, age, and disability

  9. Employment Discrimination Sexual harassment: Unwelcome conduct based on sex Conduct a reasonable person would find offensive Effective anti-harassment policy is essential Employee must report and take advantage of preventive or corrective opportunities Specific examples from case law

  10. Employment Discrimination Hostile work environment: Hostile or abusive conduct that alters the terms or conditions of employment and unreasonably interferes with an employee’s work performance Can be a single act but usually a pattern of conduct By supervisor, co-employee or customer A high standard to meet Specific examples from case law

  11. Employment Discrimination Hostile work environment: Effective policy against harassment in the workplace Employee failed to report or take advantage of preventive or corrective opportunities Employer made prompt and reasonable response

  12. Employment Discrimination Wrongful termination, including constructive discharge: At-will employment v. protected employment (contract, tenure, civil service, etc.) Must have a legitimate non-discriminatory reason for termination Difficult for plaintiffs to prevail on constructive discharge claims Specific examples from case law

  13. Employment Discrimination QUESTIONS?

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