CIVIL RIGHTS

1. CIVIL RIGHTS Brief Legal History of Civil Rights Legislation

2. List of Statues • The following list of statues will be organized in the following manner: • First the Date • Name of the Statue • Provisions • (and at times comments)

3. Under the Andrew Johnson and Ulysses S. Grant administration the following two acts were passed by Congress and signed by the President: • 1866 and 1877 • Civil Rights Acts of 1866 and 1870

4. Civil Right Acts 1866 and 1870 • Provisions: • Prohibited intentional discrimination based on race, color, national origin or ethnicity. • Permitted Lawsuits • Comment: • Key is the word intentional • No gender

5. Equal Pay Act • 1963, signed by John F. Kennedy • Equal Pay Act • Passed as an amendment to Wages and Hours Act, passed by the U.S. Congress in 1938 to establish minimum living standards for workers engaged directly or indirectly in interstate commerce, including those involved in production of goods bound for such commerce.

6. Equal Pay Act • Provisions: • Prohibits paying workers of one sex different wages from the other when the job involves substantially similar skills, effort, and responsibility • Wage and Hour Division of the Department of Labor enforces the law

7. Equal Pay Act • Private Lawsuits with double damage recovery for up to three years plus attorney's fees.

8. Civil Rights Act • 1964, signed by Lyndon B. Johnson • Civil Rights Act • Provisions: • Outlaws all employment discrimination on the basis of race, color, religion, sex, or national origin. • Applies to: • hiring

9. Civil Rights Act, 1964 • Provisions (Continuation) • Applies to (continuation): • pay • working conditions • promotion • discipline • and discharge • Enforcer • Equal Employment Opportunity Commission

10. Civil Rights Act, 1964 • Enforcer • Created the Equal Employment Opportunity Commission (EEOC) • The EEOC is composed of five members, not more than three of whom shall be members of the same political party. Members of the Commission shall be appointed by the President by and with the advice and consent of the Senate for a term of five years.

11. Civil Rights Act, 1964 • Lawsuits • Attorney fees and costs recoverable • Lots more on this act after all the other acts are discussed

12. Age Discrimination in Employment Act • 1967, also signed by Johnson • Provisions: • Prohibits employment discrimination because of age against employees over 40 and mandatory retirement restrictions

13. Equal Employment Opportunity Act • 1972, signed by President Richard M. Nixon • Amended Title VII to broaden it and to provide EEOC greater ability to bring enforcement action in the courts. • Discrimination charges could be brought by organizations on behalf of aggrieved individuals, as well as by employees and job applicants themselves.

14. Rehabilitation Act • Prohibits Employment Discrimination on the basis of a handicap. • Comments: • It specifically indicates that none of the following will be considered Handicap: • The term "individual with a disability" does not include an individual who is currently engaging in the illegal use of drugs

15. Rehabilitation Act • Comments (continuation): • It specifically indicates that none of the following will be considered Handicap (Continuation): • the term "individual with a disability"does not include an individual on the basis of homosexuality or bisexuality

16. Rehabilitation Act • Comments (continuation): • the term"individual with a disability" does not include an individual on the basis of • (i) transvestism, transsexualism, pedophilia,exhibitionism, voyeurism, gender identity disorders not resulting from physical impairments, or other sexual behavior disorders; • (ii) compulsive gambling, kleptomania, or pyromania; or • (iii) psychoactive substance use disorders resulting from current illegal use of drugs.

17. Pregnancy Discrimination Act • 1978, signed by President Jimmy Carter • Prohibits discrimination on the basis of pregnancy, childbirth, or related illness in employment opportunities, health or disability insurance programs, or sick leave plans.

18. Pregnancy Discrimination Act • Specifically: • Prohibits termination or refusal to hire or promotion of women solely because they are pregnant. • Bars fixed pregnancy leave conditions. • Protects reinstatement rights of women on pregnancy leave. • Treats pregnancy as any other disability under fringe benefit plans

19. Pregnancy Discrimination Act • Specifically: • If an employee is temporarily unable to perform her job due to pregnancy, the employer must treat her the same as any other temporarily disabled employee; for example, by providing modified tasks, alternative assignments, disability leave or leave without pay.

20. Pregnancy Discrimination Act • Specifically: • Pregnancy related benefits cannot be limited to married employees. In an all-female workforce or job classification, benefits must be provided for pregnancy related conditions if benefits are provided for other medical conditions..

21. Pregnancy Discrimination Act • Specifically: • If an employer provides any benefits to workers on leave, the employer must provide the same benefits for those on leave for pregnancy related conditions. • Employees with pregnancy related disabilities must be treated the same as other temporarily disabled employees for accrual and crediting of seniority, vacation calculation, pay increases and temporary disability benefits.

22. American with Disability Acts • 1990, signed by President George Bush • No covered entity shall discriminate against a qualified individual with a disability because of the disability of such individual in regard to job application procedures, the hiring,advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment.

23. American with Disability Acts • The term discrimination is to mean: • limiting, segregating, or classifying a job applicant or employee in a way that adversely affects the opportunities or status of such applicant or employee because of the disability of such applicant or employee • excluding or otherwise denying equal jobs or benefits to a qualified individual because of the known disability of an individual with whom the qualified individual is known to have a relationship or association

24. American with Disability Acts • The term discrimination is to mean (continuation): • not making reasonable accommodations to the known physical or mental limitations of an otherwise qualified individual with a disability who is an applicant or employee, unless such covered entity can demonstrate that the accommodation would impose an undue hardship on the operation of the business of such covered entity

25. American with Disability Acts • The term discrimination is to mean (continuation): • denying employment opportunities to a job applicant or employee who is an otherwise qualified individual with a disability, if such denial is based on the need of such covered entity to make reasonable accommodation to the physical or mental impairments of the employee or applicant

26. American with Disability Acts • The term discrimination is to mean (continuation): • using qualification standards, employment tests or other selection criteria that screen out or tend to screen out an individual with a disability or a class of individuals with disabilities unless the standard, test or other selection criteria, as used by the covered entity,is shown to be job­related for the position in question and is consistent with business necessity

27. American with Disability Acts • The term discrimination is to mean (continuation): • failing to select and administer tests concerning employment in the most effective manner to ensure that, when such test is administered to a job applicant or employee who has a disability that impairs sensory,manual, or speaking skills, such test results accurately reflect the skills, aptitude, or whatever other factor of such applicant or employee that such test purports to measure, rather than reflecting the impaired sensory, manual, or speaking skills of such employee or applicant (except where such skills are the factors that the test purports to measure).

28. Civil Rights Act of 1991 • Expanded the Civil Rights Act of 1964 and was also signed by President Bush • Main Purposes: • Extended punitive damages and jury trials to victims of employment discrimination. • Put women on equal basis with victims of race-based discrimination. • Put more of the burden of proof of non-discrimination on the employer

29. Act of 1991 • Extended punitive damages and jury trials to victims of employment discrimination. • Determination of punitive damages. - A complaining party may recover punitive damages under this section against a respondent(other than a government, government agency or political subdivision) if the complaining party demonstrates that the respondent engaged in a discriminatory practice or discriminatory practices with malice or with reckless indifference to the federally protected rights of an aggrieved individual

30. Act of 1991 • Put women on equal basis with victims of race-based discrimination. • Set up a "Glass Ceiling Commission" • to focus attention on, and complete a study relating to, the existence of artificial barriers to the advancement of women and minorities in the workplace, and to make recommendations for overcoming such barriers. The Commission is to be composed of 21 members, with the Secretary of Labor serving as the Chairperson of the Commission. This title does not directly impose any responsibilities or obligations on the EEOC except to provide information and technical assistance as requested by the new Commission.

31. Act of 1991 • Put more of the burden of proof of non-discrimination on the employer • It was a reaction to two cases that had gone before the Supreme Court • Griggs v. Duke Power Co., 401 U.S. 424 (1971) • Wards Cove Packing Co. v. Antonio, 490 U.S. 642 (1989) • More about this later…….

32. Act of 1991 • In Essence: • Companies had used a loop-hole in the 1964 Act and subsequent acts which allowed them to establish “business-related” and “job related” conditions to continue to discriminate. • Mainly, because it was up to the employee to prove they were being discriminated against

33. Charge Statistics by the EEOCFY 1992 Through FY 2000

34. Direct Suits by EEOC

35. Resolutions Obtained by EEOC

36. Resolutions Obtained by EEOC(NOTE: Concurrent where more than one act was in issue)

37. Civil Rights Act of 1964 • Application of Title VII • Groups Covered • Employers with at least 15 workers daily for at least for 20 weeks in current of previous year • Labor union with 15 members or more • Employment agency procuring worker for employers covered • Labor union/agencies with at least 15 employees • State and local agencies

38. Civil Rights Act of 1964 • Application of Title VII • Groups NOT Covered: • Employment of Aliens Outside the U.S. • Religious corporations associations, educational institutions, or societies are exempt when the employment of individuals of a particular religion is connected with the activities of such corporations, associations, educational institutions, or societies • ISSUE: Funding for faith based organizations proposed by President Bush

39. Civil Rights Act of 1964 • Application of Title VII • Groups NOT Covered (continuation): • Congress is exempt from Civil Rights Act of 1964 • Federal Government and Corporations owned by the Federal Government are exempt from Title VII. However, some prohibitions in other statues have been implemented by the Federal Government • American Indian Peoples and departments and agencies in Washington D.C.

40. Civil Rights Act of 1964 • Employment Procedures Covered • Hiring, compensation, training programs, promotion, demotion, transfer, fringe benefits, employer rules, working conditions, and dismissals • If the agency is a employment agency, then also included are referrals

41. Civil Rights Act of 1964 • Theories of Discrimination under the Title VII Act • Disparate Treatment • Disparate Impact • Pattern or Practiced of Discrimination

42. Disparate Treatment • Differential Treatment with the Intention to Discriminate • RESPONDENT, BLACK CIVIL RIGHTS ACTIVIST, ENGAGED IN DISRUPTIVE AND ILLEGAL ACTIVITY AGAINST PETITIONER AS PART OF HIS PROTEST THAT HIS DISCHARGE AS AN EMPLOYEE OF PETITIONER'S AND THE FIRM'S GENERAL HIRING PRACTICES WERE RACIALLY MOTIVATED. WHEN PETITIONER, WHO SUBSEQUENTLY ADVERTISED FOR QUALIFIED PERSONNEL, REJECTED RESPONDENT'S RE-EMPLOYMENT APPLICATION ON THE GROUND OF THE ILLEGAL CONDUCT, RESPONDENT FILED A COMPLAINT WITH THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION (EEOC) CHARGING VIOLATION OF TITLE VII OF THE CIVIL RIGHTS ACT OF 1964

43. Disparate Treatment • Differential Treatment with the Intention to Discriminate • Neither the EEOC, nor the lower court, nor the appeals court would stand for Mr. Green since the block of traffic encouraged by Mr. Green was not covered under the Title VII • The Supreme Court send it back to Congress so that changes would be made to the law.

44. Disparate Treatment • Differential Treatment with the Intention to Discriminate • From then on, this has become the prima facie for discrimination: • Plaintiff belongs to a Minority • Plaintiff applied for and was qualified for the job • Plaintiff despite job qualifications is rejected • Job remains OPEN and employer still seeking

45. DisparateImpact • Practice or practices that have a disproportionately adverse effect on women or minorities. In one case it was due to a hiring practice • Wards Cove Packing V. Antonio • At issue were jobs at a Alaskan salmon canneries of two kinds: • unskilled "cannery jobs" on the cannery lines, which are filled predominantly by nonwhites; • and "non-cannery jobs," most of which are classified as skilled positions and filled predominantly with white workers

46. DisparateImpact • Wards Cove Packing V. Antonio (continuation): • The Court of Appeals erred in ruling that a comparison of the percentage of cannery workers who are nonwhite and the percentage of non-cannery workers who are nonwhite makes out a prima facie disparate-impact case. • Rather, the proper comparison is generally between the racial composition of the at-issue jobs and the racial composition of the qualified population in the relevant labor market.

47. DisparateImpact • Wards Cove Packing V. Antonio (continuation): • From this case it appeared as if the business demonstrated justification for the discriminatory practice then • The employee had to disprove the justification and present an alternative

48. DisparateImpact • Wards Cove Packing V. Antonio (continuation): • The Civil Right Act of 1991 changed that to: • Employee had to show impact of operation • Business how to show why operation was a “business necessity” • The Act did not reverse the statistical approach suggested by the Supreme Court

49. DisparateImpact • GRIGGS V. DUKE POWER CO. • At issue whether Duke could require a high school diploma or an intelligence test which mostly discriminates against a particular ethnic or racial group • The Civil Rights Act of 1991 prohibited test whose main purpose was to discriminate against particular groups and if it was not related the skills needed for the job

50. Pattern or Practice of Discrimination • Here the discrimination is not against an individual BUT against a covered group • Tools used in this type of discrimination are: • Circumstantial evidence • Statistical discrimination