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TITLE VII OF THE 1964 CIVIL RIGHTS ACT

TITLE VII: COVERED DECISIONS

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TITLE VII OF THE 1964 CIVIL RIGHTS ACT

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    1. TITLE VII OF THE 1964 CIVIL RIGHTS ACT 1964 Act Bans Discrimination In Housing, Public Accomms., Educ. & Employment Title VII Deals only with Employment Title VII prohibits discrimination in employment on the basis of race, sex, color, religion, and national origin. “Sex” now includes pregnancy. Enforcement of Title VII by EEOC.

    2. TITLE VII: COVERED DECISIONS & EMPLOYERS DECISIONS EMPLOYERS

    3. PROCEDURE EEOC or State Agency CAL: FEHA (Fair Emp. & Housing Act) EEOC Finds Reasonable Cause & Proceeds or No Cause & Issues a “Rt. To Sue” Letter REMEDIES DAMAGE CAPS RETALIATION forbidden. * Retaliation extends to former Eees. Here, D Eor gave a netative reference to a prospective Eor in retaliation.* Retaliation extends to former Eees. Here, D Eor gave a netative reference to a prospective Eor in retaliation.

    4. THEORETICAL BASES FOR TITLE VII SUITS DISPARATE TREATMENT Apparently Intentional, Direct DISPARATE IMPACT Screening Device Is Neutral on Face, but Has a Disparate Impact on a Protected Group

    5. INTENTIONAL DISCRIMINATION Intentional: “Disparate-Treatment” Discrimination.. To establish a prima facie case, applicant must prove: She is member of a protected class; Applied, qualified and rejected for job; and Employer continued to seek applicants or filled job with someone not in the protected class.

    6. UNINTENTIONAL DISCRIM. “DISPARATE IMPACT” Where a partic. req’m’t for a job (or promo) has a disparate impact on a protected class Exs: height & weight reqm’ts for firefighters; min educ. & tests* in Griggs v. Duke Can be Demonstrated by Statistics: comparing % of prot class members in Employer’s workforce w % in local job market when req’m’t excludes prot. class members disprop from Eor’s workforce (4/5 rule)** * Covered more fully in Chap. 14 ** Once the discrim impact shown, no need to show discrim. intent to esatablish a prima facie case.* Covered more fully in Chap. 14 ** Once the discrim impact shown, no need to show discrim. intent to esatablish a prima facie case.

    7. DEFENSE to Disp. Treatment BFOQ Other than race or color discrimination Examples: Women only to model women’s clothing French chef for a French restaurant Age max on pilots & bus drivers But, NA when battery manufacturer excluded pregnant or child bearing-age women because of potential fetus dam from lead. Held: sex discrim unless BFOQ affects job performance.

    8. Defense to Disp. Impact: Job-Related Business Necessity Inapplicable To Disparate Treatment Nature of the job, not the Eor’s business Bad Ex: Height & Weight Reqm’ts. for firefighters Good Ex: Gen. math test for cashiers P still wins if can show an alternative, less discriminatory means available to accomplish Eor’s goals, e.g., strength.

    9. DEFENSES-GENERAL For either Disp. Treatment or Disp. Impact, that defense can be rebutted by proving it to be a PRETEXT OTHER DEFENSES SENIORITY SYTEM MERIT SYSTEM

    10. Binding Arbitration CAN be take-it-or-leave-it for Eee CAN preclude court review Not if EEOC or state takes the case Eor participates in selection of Arbitrator Eor will favor Arbitrators who are pro-Eor

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