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Title VII of Civil Rights Act of 1964. Employers with 15 + Employees No Discrimination in Terms or Conditions of Employment Based on Race, Color, Sex, Religion or National Origin
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Title VII of Civil Rights Act of 1964 • Employers with 15 + Employees • No Discrimination in Terms or Conditions of Employment Based on Race, Color, Sex, Religion or National Origin • Remedies: Reinstatement, Backpay and Benefits, Legal Fees, Compensatory and Punitive Damages (limited - employer size) • Defenses: BFOQ, Bona Fide Seniority System
Discrimination under Title VII • Disparate Treatment -- Intentional discrimination based on race, color, sex, etc. • Disparate Impact -- discriminatory effect of apparently-neutral criteria that are not job related • Pattern or Practice -- EEOC or govt. suit for widespread practice • Retaliation or Reprisals
Disparate Impact Discrimination and Selection Validity • Sec. 703(k) of Title VII of Civil Rights Act of 1964, as amended • Disparate Impact -- shown by 4/5th’s Rule or Other Statistical Evidence • Concern about labor market definition • Job-related Validity -- Uniform Guidelines on Employee Selection
Seniority & Title VII • S. 703(h) -- action pursuant to bona fide seniority system not a violation • Teamsters -- what is a bona fide seniority system? • neutral on its face • origin free from discrimination • basis rational in light of industry • maintained free from discriminatory intent