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Chapter

Chapter. 3. The Legal Context of Employment Decisions. Discrimination. Disparate Treatment Adverse Impact. Disparate Treatment. Intentional McDonnell Douglas vs. Greene Types Direct Evidence Circumstantial Evidence Mixed Motive. Adverse Impact. Unintentional Discrimination

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  1. Chapter 3 The Legal Context of Employment Decisions

  2. Discrimination • Disparate Treatment • Adverse Impact

  3. Disparate Treatment • Intentional • McDonnell Douglas vs. Greene • Types • Direct Evidence • Circumstantial Evidence • Mixed Motive

  4. Adverse Impact • Unintentional Discrimination • Griggs vs. Duke Power Co. • Standards unrelated to job • High School Diploma • Wunderlich Test

  5. Answering Charges of Discrimination • Questions to ask about the charges filed against your company • Was the charge filed within the time allowed? • Does the charge name the proper employer? • Is your company subject to federal anti-discrimination statutes?

  6. Hostile Environment • Meritor Savings Bank vs. Vinson • Employers liable for actions of customers (e.g. Accounting firms) • Exercise reasonable care / act promptly

  7. Quid Pro Quo Harassment • Burlington Industries vs. Ellerth • Employer liable for Supervisor misconduct even when unaware. • Defense – Reasonable steps to prevent harassment.

  8. Sexual Harassment • Hostile Environment • Intimidating, hostile or offensive environment; Unwelcome advances. • Quid Pro Quo • You give me this: I’ll give you that.

  9. Preparing a Response to Charges of Discrimination • When preparing a response you should consider the following: • Agree to mediate the charge • Make a settlement offer to the charging party • Prepare a company position statement • The position statement should include the following: • Brief description of the company’s business • Brief description of your understanding of the charging party’s position • Brief description of rules, policies, or procedures you think are relevant • Chronological description of all events leading up to and including the event

  10. Discriminatory Practices Job applicants may not be rejected based on the following • Race • National Origin • Age • Sex • Physical Disability

  11. B F O Q • Examples? • Seamstress • Spa Attendant • Sperm Donor • Wet Nurse • Discrimination for Gender OK when necessary for the operation of the enterprise.

  12. Eighty / Twenty Rule

  13. Federal Enforcement Agencies • The EEOC and the OFCCP enforce federal discrimination policy • EEOC (Equal Employment Opportunity Commission) • Headed-up by five members • Only three can be from the same political party • Positions appointed by the United States President • Serve five year terms • OFCCP (Office of Federal Contract Compliance Programs) • Uses and enforces many of the same policies and procedures as the EEOC

  14. EEOC Guidelines • EECO Complaints are considered under the following criteria: • Does the complaint fall with 180 days of alleged discrimination • Was the complaint resolved within 60 days • Was there are voluntary reconciliation of the complaint • Is the company a public employer

  15. Make up of Primary Discrimination Case Law • Employment Case Law • Unfair discrimination based on race, sex, age, religion, or national origin • Seniority • Testing and interviewing • Personal history information • Preferential Selection

  16. Beyond the Position Statement • The following courses of action may be taken by the EEOC or other governing body following the position statement of a company • Make a determination without requesting additional information from the company • Request additional documentation or other information from the company • Hold a fact finding conference, usually during an investigation on the company’s premises

  17. EEOC Findings • If the company is not found in violation • A no cause finding is issued • The accusing employee has 90 days to file a law suit in court • If the company is found in violation • A cause finding is issued • The at fault company will be invited to a conciliation

  18. A Complete List of Discrimination Acts and Laws • Thirteenth and fourteenth amendment to the Constitution • Civil Right Acts of 1866 and 1871 • Equal Pay Act of 1963 • Title VII of the Civil Rights Act of 1964 • Age Discrimination and In Employment Act of 1967 (as amended in 1996) • Immigration Reform and Control Act of 1986 • American with Disabilities Act of 1990 • Civil Right Act of 1991 • Family and Medical Leave Act of 1993 • Executive Order 11246, 11375, and 11478 • Rehabilitation Act of 1973 • Uniform Service Employment and Re-employment Rights Act of 1994

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