Legal Discrimination??

1. Legal Discrimination?? Chapter 23

2. Civil Rights Act of 1964 • Created the Equal Employment Opportunity Commission to investigate claims of discrimination in hiring, paying, training, promoting, or discharging employees on the basis of • Race • Color • Religion • National origin • Sex

3. Affirmative Action • If a firm was guilty of discrimination, the courts can mandate AA • Brings the % of minorities and women in the workforce up to their corresponding % IN THE POOL OF QUALIFIED APPLICANTS • All employers that have contracts with the federal government also must submit to AA

4. Other laws from Title VII • Equal Pay Act of 1963 • Women who do the same work as men must be paid the same • Age Discrimination in Employment Act of 1967 • Forbids discrimination in those over 40 except when age is a necessary consideration for job performance • Bus drivers, fire fighters, police officers, airline pilots • Americans with Disabilities Act 1990 • Employers are REQUIRED to make REASONABLE accommodations for qualified disabled workers • Pregnancy Discrimination Act • Cannot refuse to hire/promote, fire/demote, or provide different benefits because of pregnancy or plans of pregnancy

5. Race: non anglo Color: all people not white Gender: females AND males Pregnancy status Age >40 Religion: beliefs of any kind, so it could include anyone Disability: physical and mental National origin: those who are not citizens or do not speak English are protected to a limited extent. Protected Classes

6. Scope of protection • For companies employing > 15 people • Covers the protected classes for not only hiring process, but also • Promotions • Pay • Job requirements • Layoffs • Firing • etc

7. Disparate Impact Cases • Company has policy that can have an impact on a specific protected class: • Must be able to lift 175 pounds may discriminate against some women • Must be over 6 foot 4 may discriminate against some Asians • Must weigh less than 120 pounds may discriminate against many men • Policy has to be shown as not necessary to do the job

8. Harassment on the job • Creates a hostile environment when sexual comments, gestures, contact, interferes with an employees ability to work • Supervisor harasses subordinate, employer strictly liable • Supervisor knows or should have known of co-workers harassing each other, employer liable also

9. Legal forms of discrimination • It is legal to pay more to those who are • more productive (quantity/quality) • part of a merit system • part of a seniority system • Business necessity • Employee was discriminated based on skill or work history • Bona Fide Occupational Qualification • Job itself requires a specific gender (locker room attendant) • Truly essential (not just helpful) to the business

10. Research/discussion • How does the following law affect students? “No person in the United States shall, on the basis of sex, be excluded from participation in, or denied the benefits of, or be subjected to discrimination under any educational program or activity receiving federal assistance.” - Title IX of the Education Amendments of 1972 to the Civil Rights Act of 1964 • How did the University of Michigan make the news in 2003 with Affirmative Action? http://www.lib.umich.edu/govdocs/affirm.html • What are the average salaries of female dominated professions compared to male dominated professions? • Research modifications that could be made to your career of choice to accommodate a physical disability • Watch the ADA signing ceremony from 1990 (22 minutes) http://www.ada.gov/videogallery.htm#anchor%20ADAsigning990 • You are in charge of hiring a person for a teaching position. What would you think if the applicant was obese? Much older? Right out of college? • What if you were in charge of hiring someone for a food service position? • Math CLS can be done with percentages of minorities and women in the workforce compared to a pool of qualified applicants