Section 21.2

1. Section 21.2

2. What You’ll Learn • How to define discrimination (p. 465) • How to identify the objective of the Civil Rights Act (p. 465)

3. What You’ll Learn • How to identify the goal of the Age Discrimination in Employment Act (p.470) • How to explain the mission of the Americans with Disabilities Act (p.470)

4. Why It’s Important You need to know the laws that outlaw employment discrimination to be able to identify instances of discrimination.

5. Legal Terms • discrimination (p. 465) • disparate treatment (p. 466) • bona fide occupational qualifications (BFOQ) (p.468) • disparate impact (p. 468)

6. Legal Terms • business necessity (p. 468) • quid pro quo harassment (p. 469) • hostile work environment (p. 469) • disability (p. 470)

7. Section Outline Discrimination The Civil Rights Act of 1964 Civil Rights Act of 1991 Sexual Harassment Pregnancy Discrimination Act Age Discrimination in Employment Act Americans with Disabilities Act

8. Pre-Learning Question How does the government discourage discrimination in employment opportunities?

9. Discrimination During the second half of the twentieth century, Congress enacted legislation to discourage employment opportunity discrimination.

10. Discrimination Discrimination is the unequal treatment of individuals based on sex, age, race, nationality, or religion.

11. Discrimination Congress enacted the following legislation: • The Civil Rights Act of 1964 • Civil Rights Act of 1991 • Pregnancy Discrimination Act

12. Discrimination • Age Discrimination in Employment Act • Americans with Disabilities Act

13. The Civil Rights Act of 1964 Title VII of the Civil Rights Act of 1964 prohibits discrimination in employment based on race, color, religion, sex, or national origin. These five categories, along with age, are often referred to as protected classes.

14. The Civil Rights Act of 1964 The Equal Employment Opportunity Commission (EEOC) has the power to stop unfair employment practices by seeking a court injunction or by suing the employer for damages.

15. Name the six protected classes.

16. ANSWER Race, color, religion, sex, national origin, and age.

17. Disparate Treatment Discrimination can take place through disparate treatment and disparate impact.

18. Disparate Treatment Under disparate treatment, the employer intentionally discriminates against an individual or a group of individuals belonging to one of the protected classes.

19. Disparate Treatment Employers have a defense against the charge of disparate treatment, which is bona fide occupational qualification (BFOQ).

20. Disparate Treatment If the employer can show that the qualification in question is a bona fide (good faith) employment qualification, then the discrimination may be justified.

21. Disparate Impact Discrimination can also take place via disparate impact, which is indirect discrimination.

22. Disparate Impact This occurs when an employer has an employment policy or criteria that appears neutral but has an unfair impact on the members of one or more of the protected classes.

23. Disparate Impact Employers have a defense against a charge of disparate impact, known as business necessity.

24. Disparate Impact If the employer can show that qualification is required to perform the job, then it may be permitted despite its disparate impact on a protected class.

25. 21.2 Equal Protection in Employment Civil Rights Act of 1964 Employers are not permitted to discriminate in hiring practices either directly through disparate treatment or indirectly through disparate impact. The protection granted to employees under the Civil Rights Act includes not only hiring practices but also treatment on the job.

26. Civil Rights Act of 1991 The Civil Rights Act of 1991 was enacted by Congress: • To strengthen the doctrine of disparate impact. • To allow plaintiffs to recover not only back pay but also compensatory and punitive damages.

27. Sexual Harassment Sexual harassment can occur either through quid pro quo harassment or through the creation of a hostile work environment.

28. Sexual Harassment Quid pro quo harassment occurs when one worker demands sexual favors from another worker in exchange for some employment-related decision, such as a raise or a promotion.

29. Sexual Harassment In contrast, the creation of a hostile working environment occurs when a pattern of severe and pervasive sexually demeaning behavior has altered the workplace, making it a distressing, humiliating, or hostile place.

30. Pregnancy Discrimination Act To ensure the fair and equal treatment of pregnant women, the Pregnancy Discrimination Act was enacted.

31. Pregnancy Discrimination Act The law makes it unlawful to discriminate against a woman because of childbirth or physical problems associated with pregnancy or childbirth.

32. Robert Cornplanter worked as a short-order cook in a restaurant while attending college. He worked among many women who thought he was very attractive.

33. At first he felt flattered, but it didn’t take long before he dreaded facing several women who said and did things that made him very uncomfortable. He finally quit just to get away from them.

34. What kind of sexual harassment did Robert face?

35. ANSWER Disparate impact.

36. Age Discrimination in Employment Act This act (the ADEA) prohibits employment agencies, employers with 20 or more employees, and labor unions of more than 25 members from discriminating on the basis of age.

37. Age Discrimination in Employment Act The act forbids discrimination against any person age 40 or older in hiring, firing, promotion, or other aspects of employment.

38. Americans with Disabilities Act This act forbids discrimination on the basis of a disability if the disabled individual can do the “essential functions” of a job.

39. Americans with Disabilities Act The act defines disability as any “physical or mental impairment that substantially limits one or more of the major life activities.”

40. Section 21.2Assessment Reviewing What You Learned • What is discrimination?

41. Section 21.2Assessment Reviewing What You Learned Answer The unequal treatment of individuals based on sex, age, race, nationality, or religion.

42. Section 21.2Assessment Reviewing What You Learned • What is the objective of the Civil Rights Act of 1964?

43. Section 21.2Assessment Reviewing What You Learned Answer To prohibit discrimination in employment based on race, color, religion, sex, or national origin.

44. Section 21.2Assessment Reviewing What You Learned • What is the mission of the Americans with Disabilities Act?

45. Section 21.2Assessment Reviewing What You Learned Answer The act forbids discrimination on the basis of a disability if the disabled individual can do the “essential functions” of a job.

46. Section 21.2Assessment Critical Thinking Activity Pregnancy Why did the legislature believe that it was appropriate to pass the Pregnancy Protection Act?

47. Section 21.2Assessment Critical Thinking Activity Answer Pregnancy Answers will vary, but should recognize that the purpose of the act is to ensure the fair and equal treatment of pregnant women.

48. Section 21.2Assessment Legal Skills in Action Sexual Harassment Your friend, Alison, believes that she has been the victim of sexual harassment.

49. Section 21.2Assessment Legal Skills in Action Sexual Harassment She is apprehensive about reporting the harassment to the Human Resources Director at her place of employment, which is a requirement of the company’s anti-harassment policy.

50. Section 21.2Assessment Legal Skills in Action Sexual Harassment Write a letter to Alison explaining whether she should file the complaint.