Chapter 24

Student Presentation

When is Discrimination Illegal?● Discrimination: The unorthodox treatment of employees is recognized

as illegal when they are treated in certain situations;○ Hiring/Firing○ Promoting/Demoting○ Benefits/Awards in wages

● These actions are considered illegal when they are performed based on Race, Color, Gender, Age, Pregnancy, Religion,Disability, or Nationality

Protected Classes● The Civil Rights Act of 1964; Title VII gave protection to

certain peoples whom the majority of the time are minorities but not always. These classes are: ○ Race and Color: all races except whites○ Gender: Males and Females○ Pregnancy/Pregnancy Intention○ Age: Everyone over 40 is protected○ Religion○ Disability: Physical and Mental disabilities○ National Origin○ Other: Obese, Height issues, etc.

24-1 Scope of Protection

● Applies in all aspects of employment● Past employment discrimination:

○ Gender, Age, or Race● Today laws are put in place that protect these

classes.● Discrimination can occur in:

○ Pay○ Promotions○ Hours & Overtime○ Firings & Layoffs○ Training

24-1 Scope of Protection

● Who is subject to these laws?● These laws govern most employers

○ Most governments, employment agencies, and labor unions● Employers are subject to federal employment discrimination laws

when:○ They have 15 or more employees○ Are engaged in interstate commerce

● Some small businesses are an exception.

24-1 Laws that prohibit Employment Discrimination ● Title VII of the Civil Rights Act of 1964

○ Forbids employers from discrimination in hiring, paying, training, promoting, or discharging of employees on basis of race, color, religion, or gender.

○ Employer can discriminate in hiring one worker over another if the job requirements are creating the discrimination.

● This act also created the Equal Employment Opportunity Commission (EEOC)○ EEOC has authority to settle job discrimination complaints and

prosecute offenders

24-1 Laws that prohibit Employment Discrimination

● Equal Pay Act of 1963○ Prohibits wage discrimination based on gender○ Differences in pay allowed based on merit system, seniority system,

systems based on quantity/quality of work● Age Discrimination in Employment Act of 1967

○ Forbids discrimination on workers 40 and older○ Exceptions when age is specified in job description

● Americans with Disabilities Act (ADA)○ Prevents employers from assuming disabled workers cannot perform

work● Pregnancy Discrimination act of 1978

○ Employers cannot cut wages, hours, or fire pregnant workers○ Also requires to give them benefits (leave with pay)

What’s your verdict?

Clare has been working at Rich Manufacturing for three years. Lisa has been working at the company for two months. They both operate computerized machine-tooling equipment. The machines perform many operations, such as drilling, cutting threads, turning, deburring, and surfacing metal objects. Lisa is faster and more efficient than Clare. When a promotion came up it was given to Lisa. Clare protested, saying that she was being discriminated against. She was angry because Lisa would now be earning 30% more money than she would. -Is Clare Correct? Is she a victim of unjustified discrimination?

What’s Your Verdict: Answer

-Clare is being discriminated against but the basis is legal and desirable.-Because Lisa is a more efficient employee then Clare she

deserves to receive more and greater rewards than Clare.

● Disparate Treatment: When an employer intentionally treats members of a certain ethnicity differently.

● Has to be legally justifiable, business necessity defence aka they were not qualified for the job, or bona fide occupational. Meaning the person is hired to be treated that way, like an actor.

● Evidence of Disparate Treatment:● Cases based on direct evidence: The employee needs only to prove they

were denied membership because of being in a protected class.● Cases based on indirect evidence: Employees must prove that the person

was a member of a protected class, they applied and were qualified for the job, the person was rejected, and the employer gave the job to someone with similar qualifications but different race

● Cases based on statistics: Proven on constant patterns and previous records of the workers for the company

Employer’s Defenses

Business necessity defense----Is the most common defense (business necessity defense)Which means that employee did not have necessary skills or work history needed for hiring. -The general defense proves that the qualification standard in question cannot accomplished by reasonable accommodations made for the benefit of the employee.

Bona Fide Occupational Qualification

-Means Is a job requirement that compels discrimination against a protected class.For example-If an employer hired actors to play parts in a stage show some of the parts would be for men and so the employer could only hire men.

By Statistical Proof

To establish a case based on disparate impact, an employee much first establish that fewer members of the protected class qualified for the job when the challenged employment practice is used than when it is not.

This involves 2 examining groups- Applicant pool (Those qualified for the job when the challenged qualification practice is not considered)- Workforce pool (Persons actually in the employer’s workforce)

Quid Pro Quo and Hostile Environment

Quid pro quo- Means one thing is exchanged for another. The most vivid illustration of this form of sexual harassment is when is when a boss threatens to fire a subordinate.

Hostile Environment- Arises when unwelcome sexual comments, gestures, or contacts interfere with an employee’s ability to work.