Employment Discrimination

1. Employment Discrimination Chapter 29 HOT DEBATE – PAGE 432

2. Unjustified Discrimination • 1. A male employer hires only women because he thinks they are better employees • 2. A female employer hires only women because she thinks women are usually discriminated against • 3. An employer hires only women who are past the child bearing age • 4. An employer hires people under age 40 • Which are examples of discrimination?

3. Unjustified Discrimination • Discrimination is different treatment of individuals. • Race, color, gender, national origin, or religion • Justified Discrimination: permitted and even encouraged. Favorable treatment of employee because fairly judged as dependable, skilled, creative smart, hard worker. May earn more $$ and job opportunities • What’s Your Verdict? Page 433

4. Unjustified Discrimination • Unjustified Discrimination: identifies group characteristics that may not be considered when making employment decisions. • These people are labeled as Protected Classes (usually minorities)

5. Protected Classes • Race and Color: (all who are not white) • Gender: (males/females) • Pregnancy (childbearing conditions) • Age: (over the age 40) • Religion: (this includes any religion) • Disability: (physically and mentally) • http://www.hulu.com/watch/213121/what-would-you-do-deaf-to-job-discrimination • National Origin: (country) • What’s Your Verdict? – page 434 • https://www.youtube.com/watch?v=VPXRnSIgQgI

6. Unjustified Discrimination • It is illegal to discriminate in any “term, condition, or privilege of employment” • Pay, promotions, training, overtime, educational opportunities, travel requirements, firings, layoffs, etc. • Employers with 15 or more employees, engaged in interstate commerce, are subject to federal law.

7. Workplace Discrimination (continued) • Review Part 1 • Page 435 #1-9, explain your answers for #6-9 • Must be employed to be employed • A Class Divided

8. Caveat emptor • Let the Seller beware • Let the Buyer beware

9. Greatly exaggerated sales talk • Bait and switch • Disclaimer • Puffing

10. Lawsuit made possible by the procedural joining of similarly situated plaintiffs • Lottery • Consent order • Class action • Restitution

11. Obligation implicitly imposed on all sellers • Implied warranty • Full warranty • Express warranty

12. Explicit assurance of quality or performance by seller • Implied warranty • Full warranty • Express warranty

13. Voluntary, court enforceable agreement to stop an illegal practice • Privity of contract • Consent order • Disclaimer • encumbrances

14. Claims of third parties against the goods • Privity of contract • Consent order • Disclaimer • Encumbrances

15. How Can Unequal Treatment be Proved? • Unequal Treatment (Disparate treatment): employers treat members of a protected class less favorable than others. • To be unequal, it must be intentional • Direct Evidence: must prove intentional • Company Policy, Advertisement, Flyers • No Irish • No Jews need apply • Women not accepted

16. How Can Unequal Treatment be Proved? • Indirect Evidence: denies intention to discriminate • Employee must show: • 1. They are member of a protected class • 2. Applied for job and was qualified • 3. They were rejected • 4. Employer held job open and sought other persons with similar qualifications • What’s Your Verdict? Page 436

17. How Can Unequal Treatment be Proved? • Employer’s Defense to Discrimination: • Business Necessity: employer’s actions were meant to advance the business rather than discriminate • Defense is that employee’s skills or work history was reason for not hiring (job-relatedness) • In This Case, Page 437

18. How Can Unequal Treatment be Proved? • Employer’s Defense to Discrimination: • Bona Fide Occupational Qualification (BFOQ) • A job requirement that compels discrimination against a protected class • Hired Actors to play parts in a stage show. (Males/Females for certain roles) • To be Bona Fide, the discrimination must be essential to the business • Female Flight Attendants…not necessary

19. How Can Unequal Treatment be Proved? • Employer’s Defenses to Discrimination: • Seniority • Rewards employees based on length of employment rather than merit and not intended to discriminate. • Unions may pay based on seniority, or lay employees off • Pretexts • A cover for discrimination • Hiring a male over female because job entails travel and female has 3 children, making it hard for her to travel. Female must prove males were hired with children.

20. What is Disparate Impact? WHAT’S YOUR VERDICT? PAGE 438 • Policy eliminates more members of protected classes than members of the majority • To win a suit, employee need not prove discrimination BUT identify a specific employment practice and show statistically that the practice excludes a protected class. • Businesses may use the defense of business necessity, bona fide occupational qualification, or seniority

21. Statistical Proof of Disparate Impact • Employee must prove fewer members qualified for job when challenging employment practice used • 1. Applicant pool: those qualified for job • 2. Workforce pool: persons in the workforce • In This Case – page 438

22. Sexual Harassment • What’s Your Verdict? • Page 439 • Is the company liable for sexual harassment?

23. Sexual Harassment • Takes two forms: • Quid Pro Quo: • Means one thing is exchanged for another • Ex: boss threatens to fire employee unless sexual favors are done • Hostile Environment • Unwelcome sexual comments, gestures, or contact interfere with an employee’s ability to work • Back to What’s your verdict? • Shayla’s boss knew about the harassment – therefore the trucking firm would be held liable

24. Legislation Prohibiting Discrimination • Civil Rights Act of 1964 • Equal Employment Opportunity Commission • (EEOC) – has the authority to investigate complaints of job discrimination and prosecute • Affirmative Action Plan • If an employer has discriminated, the courts may mandate • Plan must list positive steps aimed at offsetting past discrimination

25. Five Acts • Civil Rights Act of 1964 • Equal Pay Act of 1963 • Wage discrimination • Age Discrimination Act of 1967 • Americans with Disabilities Act of 1990 • Pregnancy Discrimination Act

26. Enrichment Activity • Discrimination cases • Research Job Discrimination Case • Comic Strip