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Understanding Employee Rights & Discrimination Laws in the Fire Service

Explore major employment discrimination laws, such as Civil Rights Acts, ADA, and ADEA. Learn about disparate treatment vs. disparate impact, equal opportunity, affirmative action, and constitutional rights in the context of employee rights. Gain insights on how to identify, address, and prevent discrimination based on race, religion, age, disability, and other protected classifications in the workplace. Understand the legal standards of review, procedural requirements, and enforcement mechanisms to uphold fair and inclusive employment practices.

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Understanding Employee Rights & Discrimination Laws in the Fire Service

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  1. Employee Rights and Discrimination Chapter 12

  2. Objectives • Identify major employment discrimination laws impacting the fire service. • Explain the difference between disparate treatment and disparate impact.

  3. Objectives • Explain equal opportunity employment and affirmative action. • Identify three standards of review that courts apply to governmental actions that are challenged as being discriminatory.

  4. Constitutional Rights • Rights secured in the constitution, including: • Right to free speech • Freedom of the press • Freedom of religion • Due process • Equal protection

  5. Constitutional Rights • Constitutional rights also called civil rights • Constitution does not explain how these rights are to be protected

  6. Civil Rights Laws • Civil Rights Act of 1866 • Civil Rights Act of 1964 • Civil Rights Act of 1991 • Americans with Disabilities Act • Equal Pay Act of 1963

  7. Civil Rights Laws • Pregnancy Discrimination Act • Age Discrimination in Employment • Religious Freedom Restoration Act • State law anti-discrimination acts

  8. Discrimination • Treating someone differently based on prohibited classification • Race • National origin • Sex • Religion • Disability • Age

  9. Proof of Discrimination • Disparate treatment • Person is treated differently because of a prohibited classification • Disparate impact • Employment decisions that may appear to be nondiscriminatory but discriminate based on statistical analysis

  10. Standard of Review • Courts review laws and governmental actions differently based on type of discrimination • Strict scrutiny • Intermediate level of review • Rational basis

  11. Strict Scrutiny • Governmental action or law must be “narrowly tailored to address a compelling governmental interest” • Applies to • Racial classifications • Fundamental constitutional rights

  12. Intermediate Level of Review • Governmental action or law must be “substantially related to important governmental objectives” • Applies to • Gender-based classifications

  13. Rational Basis • Governmental action or law must be “rationally related to a legitimate governmental interest” • Applies to all other classifications

  14. Procedural Issues • Equal Opportunity Employment Commission (EEOC) or state counterpart • Administrative requirement • Right-to-sue letter • Statute of limitations for filing Title VII claims

  15. Employment Discrimination • Equal employment opportunity • Affirmative action • Policies go beyond equal employment opportunities and seek to increase the representation of minorities and women

  16. Equal Opportunity • Right of a person to compete for a job and/or be promoted on the basis of his or her knowledge, skills, and abilities, free from unlawful discrimination

  17. Affirmative Action • Positive steps taken to increase the presence of minorities and women in the workforce and in education

  18. Americans with Disabilities Act of 1990 (ADA) • Expanded upon the Rehabilitation Act of 1973 • Applies to all businesses with 15 or more employees and all state and local government agencies

  19. Americans with Disabilities Act • Key definitions: • Individual with a disability • Major life activities • Qualified person with a disability • Reasonable accommodation • Essential function • Undue hardship

  20. Americans with Disabilities Act • Prohibited inquiries and examinations • Drug and alcohol use • Physical abilities testing • Job task analysis • Medical requirements

  21. State Law Disability Acts • Many states as well as some municipalities have anti-discrimination laws that protect against disability discrimination • May provide greater protection than ADA

  22. Age Discrimination • Age Discrimination in Employment Act (ADEA ) • Prohibits employment discrimination against those over 40 years of age • Amended several times by Congress

  23. Age Discrimination • Special rule: • Mandatory retirement age for police and firefighters • Minch v. Chicago (2004)

  24. Summary • Civil rights laws • Discrimination • Standard of review • Americans with Disabilities Act • Age Discrimination in Employment Act

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