Federal Laws Prohibiting Job Discrimination

1. Federal Laws Prohibiting Job Discrimination Gender Equity

2. Introduction Introduction to Title VII Regulations Table of Contents Title VIIRegulations

3. Introduction

4. Introduction This lesson covers the rules and regulations regarding equal employment opportunities for all.

5. Introduction Federal Laws Prohibiting Job Discrimination It is important to review what was happening before 1964 to appreciate the enactment of federal laws that prohibit discrimination.

6. Introduction Before Federal Prohibiting Discrimination Before Title VII Employment and income could be based on race, gender, religion, color, national origin, disability, and or age

7. Introduction Most often separate was not equal. Before Title VII

8. Introduction Before Federal Prohibiting Discrimination Racial segregation occurred in: Schools Restaurants Hotels Housing Hospitals Transportation Military

9. Introduction It was because leaders such as Rosa Parks, Martin Luther King Jr., President John F Kennedy, President Lyndon B Johnson, and countless nonviolent activists civil rights became law. Before Title VII

10. Title VII Regulations However it happened in spite of strong opposition. An Example of such is as follows: The word "sex" was added to the Civil Fight Act of 1964 at the last moment. According to the West Encyclopedia of American Law, Representative Howard W. Smith (D-VA) added the word. His critics argued that Smith, a conservative Southern opponent of federal civil rights, did so to kill the entire bill. Smith, however, argued that he had amended the bill in keeping with his support of Alice Paul and the National Women's Party with whom he had been working. Title VII (1964)

11. Title VII Regulations Martha W. Griffiths (D-MI) led the effort to keep the word "sex" in the bill. In the final legislation, Section 703 (a) made it unlawful for an employer to "fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions or privileges or employment, because of such individual's race, color, religion, sex, or national origin.” Title VII (1964)

12. Title VII Regulations The final Law states: It shall be an unlawful employment practice for an employment agency to fail or refuse to refer for employment, or otherwise to discriminate against, any individual because of his race, color, religion, sex, or national origin, or to classify or refer for employment any individual on the basis of his race, color, religion, sex, or national origin. Discrimination

13. Title VII Regulations The Civil Rights Act of 1964 States: To enforce the constitutional right to vote, to confer jurisdiction upon the district courts of the United States to provide injunctive relief against discrimination in public accommodations, to authorize the attorney General to institute suits to protect constitutional rights in public facilities and public education, to extend the Commission on Civil Rights, to prevent discrimination in federally assisted programs, to establish a Commission on Equal Employment Opportunity, and for other purposes.

14. Title VII Regulations It shall be an unlawful employment practice for an employer – (1) to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s race, color, religion, sex, or national origin; or Discrimination

15. Title VII Regulations Qualified Employee It shall be an unlawful employment practice for an employer – 2) to limit, segregate, or classify his employees or applicants for employment in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his status as an employee, because of such individual’s race, color, religion, sex, or national origin.

16. Title VII Regulations It shall be an unlawful employment practice for any employer, labor organization, or joint labor-­management committee controlling apprenticeship or other training or retraining, including on­-the-­job training programs to discriminate against any individual because of his race, color, religion, sex, or national origin in admission to, or employment in, any program established to provide apprenticeship or other training. Training

17. Title VII Regulations Notwithstanding any other provision of this subchapter, it shall not be an unlawful employment practice for an employer to apply different standards of compensation, or different terms, conditions, or privileges of employment pursuant to a bona fide seniority or merit system, or a system which measures earnings by quantity or quality of production or to employees who work in different locations, provided that such differences are not the result of an intention to discriminate because of race, color, religion, sex, or national origin, … Compensation

18. Title VII Regulations …nor shall it be an unlawful employment practice for an employer to give and to act upon the results of any professionally developed ability test provided that such test, its administration or action upon the results is not designed, intended or used to discriminate because of race, color, religion, sex or national origin… Testing

19. Title VII Regulations …It shall not be an unlawful employment practice under this subchapter for any employer to differentiate upon the basis of sex in determining the amount of the wages or compensation paid or to be paid to employees of such employer if such differentiation is authorized by the provisions of section 206(d) of Title 29 [section 6(d) of theLabor Standards Act of 1938, as amended]. Compensation

20. Title VII Regulations Nothing shall be interpreted to require any employer, employment agency, labor organization, or joint labor-­management committee subject to this subchapter to grant preferential treatment to any individual or to any group because of the race, color, religion, sex, or national origin of such individual or group on account of an imbalance… Quota

21. Title VII Regulations … which may exist with respect to the total number or percentage of persons of any race, color, religion, sex, or national origin employed by any employer, referred or classified for employment by any employment agency or labor organization, admitted to membership or classified by any labor organization, or admitted to, or employed in, any apprenticeship or other training program, … Quota

22. Title VII Regulations … which may exist with respect to the total number or percentage of persons of any race, color, religion, sex, or national origin employed by any employer, referred or classified for employment by any employment agency or labor organization, admitted to membership or classified by any labor organization, or admitted to, or employed in, any apprenticeship or other training program, … Quota

23. Title VII Regulations … in comparison with the total number or percentage of persons of such race, color, religion, sex, or national origin in any community, State, section, or other area, or in the available work force in any community, State, section, or other area. Quota

24. Title VII Regulations Employment Practice It shall be an unlawful employment practice for a respondent, in connection with the selection or referral of applicants or candidates for employment or promotion, to adjust the scores of, use different cutoff scores for, or otherwise alter the results of, employment related tests on the basis of race, color, religion, sex, or national origin.

25. Title VII Regulations Sex Discrimination Pregnancy Based Discrimination - Pregnancy, childbirth, and related medical conditions must be treated in the same way as other temporary illnesses or conditions.

26. Title VII Regulations Sex Discrimination Sexual Harassment - This includes practices ranging from direct requests for sexual favors to workplace conditions that create a hostile environment for persons of either gender, including same sex harassment. (The "hostile environment" standard also applies to harassment on the bases of race, color, national origin, religion, age, and disability.)

27. Sexual Harassment To better understand sexual harassment, we’re going to address the what, the who, and the where. WHAT WHO WHERE

28. Sexual Harassment According to the U.S. Department of Education: “Sexual harassment is unwelcome conduct of a sexual nature.” WHAT is sexual harassment?

29. Sexual Harassment It can include: “unwelcome sexual advances, requests for sexual favors, and other verbal, nonverbal, or physical conduct of a sexual nature.” WHAT is sexual harassment? unwelcome sexual advances requests for sexual favors verbal, non-verbal, or physical conduct of a sexual nature

30. Sexual Harassment WHO does sexual harassment apply to? The question above actually asks: Who can be an offender of sexual harassment? And, Who can be a victim of sexual harassment?

31. Sexual Harassment An offender can be either a supervisor, co-worker, male or female. WHO does sexual harassment apply to?

32. Sexual Harassment Avictimcan be any employee. And just as an offender can be either male or female, a victim can also be either male or female. WHO does sexual harassment apply to?

33. Sexual Harassment WHERE can sexual harassment occur? Examples include: Any conference or extra-curricular activity that is either on or off campus A training program offered on or off campus Within a transportation vehicle to or from such an activity

34. Other Federal Laws Prohibiting Job Discrimination • The Equal Pay Act of 1963 (EPA). • Age Discrimination in Employment Act of 1967 . • Title I and Title V of the Americans with Disabilities Act of 1990, as amended (ADA). • Sections 501 and 505 of the Rehabilitation Act of 1973. • Title II of the Genetic Information Nondiscrimination Act of 2008. • the Civil Rights Act of 1991

35. The Equal Pay Act of 1963 (EPA) Sex Biased Wage which protects men and women who perform substantially equal work in the same establishment from sex-based wage discrimination

36. The Equal Pay Act of 1963 (EPA) Sex Biased Wage Employers may not reduce wages of either sex to equalize pay between men and women. A violation of the EPA may occur where a different wage was/is paid to a person who worked in the same job before or after an employee of the opposite sex.

37. Age Discrimination in Employment Act of 1967 (ADEA) Age -Over 40 which protects individuals who are 40 years of age or older

38. Age Discrimination in Employment Act of 1967 (ADEA) The ADEA's broad ban against age discrimination also specifically prohibits: statements or specifications in job notices or advertisements of age preference and limitations. An age limit may only be specified in the rare circumstance where age has been proven to be a bona fide occupational qualification (BFOQ); discrimination on the basis of age by apprenticeship programs, including joint labor-management apprenticeship programs; and denial of benefits to older employees. An employer may reduce benefits based on age only if the cost of providing the reduced benefits to older workers is the same as the cost of providing benefits to younger workers.

39. Title I and Title V of the Americans with Disabilities Act of 1990, as amended (ADA) Disability which prohibit employment discrimination against qualified individuals with disabilities in the private sector, and in state and local governments

40. Title I and Title V of the Americans with Disabilities Act of 1990, as amended (ADA) Individual with a Disability a person who has a physical or mental impairment that substantially limits one or more major life activities, has a record of such impairment, or is regarded as having a disability. An entity subject to the ADA regards someone as having a disability when it takes an action prohibited by the ADA based on an actual or perceived impairment, except if the impairment is both transitory (lasting or expected to last six months or less) and minor. Major life activities are basic activities that most people in the general population can perform with little or no difficulty such as walking, breathing, seeing, hearing, speaking, learning, thinking, and eating. Major life activities also include the operation of a major bodily function, such as functions of the immune system normal cell growth, brain, neurological, and endocrine functions.

41. Title I and Title V of the Americans with Disabilities Act of 1990, as amended (ADA) Qualified An individual with a disability is "qualified" if he or she satisfies skill, experience, education, and other job-related requirements of the position held or desired, and who, with or without reasonable accommodation, can perform the essential functions of that position.

42. Title I and Title V of the Americans with Disabilities Act of 1990, as amended (ADA) Reasonable Accommodation may include making existing facilities used by employees readily accessible to and usable by persons with disabilities; job restructuring; modification of work schedules; providing additional unpaid leave; reassignment to a vacant position; acquiring or modifying equipment or devices; adjusting or modifying examinations, training materials, or policies; and providing qualified readers or interpreters. Accommodation may be necessary to apply for a job, to perform job functions, or to enjoy the benefits and privileges of employment that are enjoyed by people without disabilities. An employer is not required to lower production standards. An employer is not obligated to provide personal use items such as eyeglasses or hearing aids. A person who only meets the "regarded as" definition of disability is not entitled to receive a reasonable accommodation.

43. Title I and Title V of the Americans with Disabilities Act of 1990, as amended (ADA) Undue Hardship An employer is required to make a reasonable accommodation to a qualified individual with a disability unless doing so would impose an undue hardship on the operation of the employer's business. Undue hardship means an action that requires significant difficulty or expense when considered in relation to factors such as a business' size, financial resources, and the nature and structure of its operation.

44. Title I and Title V of the Americans with Disabilities Act of 1990, as amended (ADA) Prohibited Inquiries and Examinations Before making an offer of employment, an employer may not ask job applicants about the existence, nature, or severity of a disability. Applicants may be asked about their ability to perform job functions. A job offer may be conditioned on the results of a medical examination, but only if the examination is required for all entering employees in the same job category. Medical examinations of employees must be job-related and consistent with business necessity.

45. Title I and Title V of the Americans with Disabilities Act of 1990, as amended (ADA) Drug and Alcohol Use Employees and applicants currently engaging in the illegal use of drugs are not protected by the ADA when an employer acts on the basis of such use. Tests for illegal use of drugs are not considered medical examinations and, therefore, are not subject to the ADA's restrictions on medical examinations. Employers may hold individuals who are illegally using drugs and individuals with alcoholism to the same standards of performance as other employees.

46. Sections 501 and 505 of the Rehabilitation Act of 1973 Disability which prohibit discrimination against qualified individuals with disabilities who work in the federal government

47. Title II of the Genetic Information Nondiscrimination Act of 2008 (GINA), Genetic Information prohibits employment discrimination based on genetic information about an applicant, employee, or former employee

48. Title II of the Genetic Information Nondiscrimination Act of 2008 (GINA), Genetic Information GINA prohibits discrimination against applicants, employees, and former employees on the basis of genetic information. This includes a prohibition on the use of genetic information in all employment decisions; restrictions on the ability of employers and other covered entities to request or to acquire genetic information, with limited exceptions; and a requirement to maintain the confidentiality of any genetic information acquired, with limited exceptions.

49. Civil Rights Act of 1991 Damages provides monetary damages in cases of intentional employment discrimination.

50. Civil Rights Act of 1991 Damages The Civil Rights Act of 1991 made major changes in the federal laws against employment discrimination enforced by EEOC. Enacted in part to reverse several Supreme Court decisions that limited the rights of persons protected by these laws, the Act also provides additional protections. The Act authorizes compensatory and punitive damages in cases of intentional discrimination, and provides for obtaining attorneys' fees and the possibility of jury trials. It also directs the EEOC to expand its technical assistance and outreach.