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CHAPTER 24 Discrimination in Employment

CHAPTER 24 Discrimination in Employment. 24-1 Legal Versus Illegal Discrimination 24-2 Proving Illegal Discrimination. 24-1 Legal Versus Illegal Discrimination. GOALS Recognize the difference between legal and illegal employment discrimination

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CHAPTER 24 Discrimination in Employment

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  1. CHAPTER 24Discriminationin Employment 24-1 Legal Versus Illegal Discrimination 24-2 Proving Illegal Discrimination

  2. 24-1 Legal Versus Illegal Discrimination • GOALS • Recognize the difference between legal and illegal employment discrimination • List the various statutes governing employment discrimination Chapter 24

  3. WHEN IS DISCRIMINATION ILLEGAL? • Protected classes • Race and color • Gender • Pregnancy/pregnancy intention • Age • Religion • Disability • National origin • Other Continued on the next slide Chapter 24

  4. WHEN IS DISCRIMINATION ILLEGAL? • Scope of protection • In all aspects of employment • Governing most employers Chapter 24

  5. CHECKPOINT    • Name the characteristics that, under federal law, employers may not consider in any employment-related decision. Chapter 24

  6. LAWS THAT PROHIBIT EMPLOYMENT DISCRIMINATION • Title VII of the Civil Rights Act of 1964 • Equal Pay Act of 1963 • Age Discrimination in Employment Act of 1967 • Americans with Disabilities Act • Pregnancy Discrimination Act of 1978 • Genetic Information Nondiscrimination Act of 2008 (GINA) Chapter 24

  7. CHECKPOINT    • Name the laws discussed in this section that prohibit unjustified discrimination in employment. Chapter 24

  8. 24-2 Proving Illegal Discrimination • GOALS • Discuss how a case based on disparate treatment is proven • Describe how a case based on disparate impact is proven • Recognize the forms of sexual harassment Chapter 24

  9. DISPARATE TREATMENT CASES • Evidence of disparate treatment • Cases based on direct evidence • Cases based on indirect evidence • Cases based on statistics • Employer’s defenses • Business necessity defense • Bona fide occupational qualification defense • Bona fide seniority system defense • Pretexts Chapter 24

  10. CHECKPOINT    • What are the three main evidentiary grounds for proving disparate treatment cases? Chapter 24

  11. DISPARATE IMPACT CASES • By statistical proof • Employer’s defenses Chapter 24

  12. CHECKPOINT    • What does disparate impact mean? Chapter 24

  13. SEXUAL HARASSMENT CASES • Quid pro quo • Hostile environment Chapter 24

  14. CHECKPOINT    • What are the two forms of sexual harassment? Chapter 24

  15. PREVENTLEGALDIFFICULTIES • As an employee . . . • Approach every job in a professional manner. Seek to be judged solely on the basis of your potential or actual job performance. • Do not create an environment hostile to any protected class. • If you suspect that you are being discriminated against because of your membership in a protected class, contact the Equal Employment Opportunity Commission (EEOC). Continued on the next slide Chapter 24

  16. PREVENTLEGALDIFFICULTIES • As an employer . . . • Do not ask questions on job applications that require the disclosure of race, religion, sex, national origin, handicap, or pregnancy status or intention. • Do not ask questions in job interviews about marital status, maternity plans, child care, birth control practices, number of children, or other related factors. Continued on the next slide Chapter 24

  17. PREVENTLEGALDIFFICULTIES • Train supervisors to avoid any activity that could be taken as sexual harassment and to respond effectively to complaints about like conduct by subordinates. Chapter 24

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