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Chapter 40 Equal Employment Opportunity Law

Twomey  Jennings Anderson’s Business Law and the Legal Environment , Comprehensive 20e Anderson’s Business Law and the Legal Environment , Standard 20e Business Law: Principles for Today’s Commercial Environment 2e. Chapter 40 Equal Employment Opportunity Law. Title VII.

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Chapter 40 Equal Employment Opportunity Law

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  1. Twomey  JenningsAnderson’s Business Law and the Legal Environment, Comprehensive 20eAnderson’s Business Law and the Legal Environment, Standard 20eBusiness Law: Principles for Today’s Commercial Environment 2e Chapter 40 Equal EmploymentOpportunity Law

  2. Title VII • Title VII of the Civil Rights Act of 1964, as amended, forbids discrimination on the basis of: • race, • color, • religion, • sex, or • national origin. • The EEOC administers the act.

  3. Theories of Discrimination • DISPARATE TREATMENT: • Exists where employer treats some individuals less favorably than others because of their race, color, religion, sex or national origin. • Proof of the employer’s discriminatory motive is essential.

  4. Theories of Discrimination • DISPARATE IMPACT: • Employment practices that make no reference to race, color, religion, sex, or national origin, but have an adverse effect on the protected group. • The employer must show that there is a job-related business necessity for the practice in question. • Lack of intent is not a defense.

  5. Theories of Discrimination

  6. EEOC • If a state EEO agency or the EEOC is not able to resolve the case, the EEOC issues a right-to-sue letter that enables the person claiming a Title VII violation to sue in a federal district court.

  7. EEOC • An affirmative action plan is legal under Title VII provided there is a voluntary “plan” justified as a remedial measure and provided it does not unnecessarily hinder the interests of whites.

  8. Protected Classes and Exceptions • Race and Color. • Religion. • Sex. • Sexual Harassment (employer’s may be vicariously liable for supervisors). • Quid Pro Quo cases. • Hostile Work Environment. • Non-supervisors. • National Origin. • Lack of English Language.

  9. Title VII Exceptions • Employers have several defenses they may raise in a Title VII case to explain differences in employment conditions. • (1) bona fide occupational qualifications reasonably necessary to the normal operation of the business, • (2) job-related professionally developed ability tests, and • (3) bona fide seniority systems.

  10. Affirmative Action and Reverse Discrimination • Employers may have permissible Affirmation Action Plans: • Plan is remedial in nature, voluntary and temporary. • Reverse Discrimination. • AAP may discriminate against non-minorities.

  11. Other EEO Laws • Under the Equal Pay Act (EPA), employers must not pay employees of one gender a lower wage rate than the rate paid to employees of the other gender for substantially equal work. • Workers over 40 years old are protected from discrimination by the Age Discrimination in Employment Act (ADEA).

  12. ADA • The Americans with Disabilities Act (ADA) prohibit employment discrimination against persons with disabilities. • Under the ADA, employers must make reasonable accommodations without undue hardship on them to enable individuals with disabilities to work.

  13. Extraterritoriality • Civil Rights Act of 1991 amended both Title VII and ADA to protect U.S. citizens employed by American-owned corporations who operate in foreign countries. • Exception: compliance with extraterritoriality would vioate a foreign nation’s laws.

  14. Review: Antidiscrimination Laws

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