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Understanding Employment Discrimination: Unjustified Practices and Legal Ramifications

Explore various examples of unjustified discrimination in employment, understand protected classes, and learn about employer defenses. Discover how disparate treatment and impact can be proven in cases of discrimination.

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Understanding Employment Discrimination: Unjustified Practices and Legal Ramifications

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  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

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