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Employment Law (Management 246)

Employment Law (Management 246). Gender Discrimination (Chapter 8) Professor Charles H. Smith Spring 2012. Introduction to Gender Discrimination. Gender discrimination in employment has several statutory mandates – here are a couple of them

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Employment Law (Management 246)

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  1. Employment Law (Management 246) Gender Discrimination (Chapter 8) Professor Charles H. Smith Spring 2012

  2. Introduction to Gender Discrimination • Gender discrimination in employment has several statutory mandates – here are a couple of them • Title VII prohibits employment discrimination on the basis of sex (gender). • Pregnancy Discrimination Act says women affected by pregnancy, childbirth or related medical conditions shall be treated the same as others not so affected but similar in their ability or inability to work.

  3. Gender Discrimination in General • Title VII – “It shall be an unlawful employment practice for an employer . . . to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his [or her] compensation, terms, conditions, or privileges of employment, because of such individual’s . . . sex” • Covers men and women, though vast majority of gender discrimination claims traditionally (and still) brought by women.

  4. Gender Discrimination in General • Small group discussions about examples on pages 342-44, statistics on pages 344-46, and Exhibits 8.2, 8.3, 8.4 and 8.5 on pages 348-50. • Case studies – Wedow v. City of Kansas City (pages 381-82); Dothard v. Rawlinson (page 383); Lynch v. Freeman (pages 385-86).

  5. “Gender-Plus” Discrimination • This is employment discrimination based on gender plus another factor such as marital status or parenthood • Note that discrimination based solely on marital status is illegal under California’s FEHA. • This kind of discrimination can serve as “justification” for preferring to hire man instead of woman • Example – woman would have to leave work earlier in order to cook dinner for her husband or pick up children from school/day care. • Case study – Exhibit 8.10 (page 356).

  6. Gender Stereotyping • This is an assumption or belief that members of one gender must act, dress, groom, etc. in certain “gender-appropriate” ways • Example – “bad behavior” (e.g., foul language, drinking, sexual activity) tolerated for man but not woman. • Example – woman held to higher standard for attire and grooming. • Case studies – Exhibits 8.11 and 8.12 (pages 357-58); Hooters example (pages 361-62); Price Waterhouse v. Hopkins (pages 384-85).

  7. Can Gender be a BFOQ? • Yes . . . but this is a narrow exception to discrimination laws. • Case study – EEOC v. Sedita (page 370).

  8. Pregnancy Discrimination • Pregnancy discrimination was originally held to not be gender discrimination under Title VII but the Pregnancy Discrimination Act (1978) amended Title VII to include it. • Pregnancy cannot be the reason for job-related decision but inability to perform job can be reason even if cause of inability to perform is pregnancy. • See examples of pregnancy discrimination cases on pages 370-72. • Fetal protection policy is gender discrimination under federal and California law; case studies – UAW v. Johnson Controls (page 373) (Title VII); Johnson Controls v. Fair Employment & Housing Comm’n, 218 Cal.App.3d 517 (1990) (FEHA).

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