Chapter 33 Business Law

Equal Employment Opportunity Commission

Federal administrative agency responsible for enforcing most federal antidiscrimination laws

Investigates charges of discrimination based on

Race
– Color
– National origin
– Gender
– Religion
– Age
– Disability
– Genetic information

Lilly Ledbetter Fair Pay Act of 2009

Federal statute that permits a complainant to file an employment discrimination claim against an employer
– Within 180 days of the most recent paycheck violation
– Can recover back pay for up to two years preceding the filing of the claim, if similar violations occurred during the two-year period

Title VII of Civil Rights Act of 1964

Enacted to eliminate job discrimination based on race, color, religion, sex, and national origin

Scope of Coverage of Title VII applies to:

Employers with fifteen or more employees
– All employment agencies
– Labor unions with fifteen or more members
– State and local governments and agencies
– Federal government employment

Disparate-treatment discrimination

Employer discriminates against a specific individual based on the person’s race, color, religion, sex, or national origin

Disparate-impact discrimination

Employer discriminates against an entire protected class

Race discrimination

Based on a person’s race

Color discrimination

Based on a person’s color

Civil Rights Act of 1866

Federal statute enacted after the Civil War
– Prohibits race and national origin discrimination

National origin discrimination

Based on a person’s heritage, cultural characteristics, or country of the person’s ancestors

Pregnancy Discrimination Act

Forbids discrimination due to pregnancy, childbirth, or related medical conditions

Sexual orientation

Refers to whom a person is romantically or sexually attracted to, which may be someone of the same sex, opposite sex, both, or neither

Gender identity

Refers to an individual’s internal sense of being a man, woman, neither, or both

EEOC

has interpreted Title VII to prohibit discrimination based on sexual orientation and gender identity

Classification of Harasser

If an employee who harasses another employee is a co-worker:
 Employer is liable if it was negligent in controlling the working situation

Reasonable accommodation for religion

Employer has to reasonably accommodate religious observances, practices, and beliefs of employees

Bona fide occupational qualification (BFOQ)

Discrimination based on protected classes other than race or color is permitted
– Must be job related and a business necessity

Equal Pay Act

Protects both sexes from pay discrimination based on sex

Older Workers Benefit Protection Act (OWBPA)

Prohibits age discrimination regarding employee benefits

Qualified individual with a disability

Prohibits discrimination against individual who has physical or mental impairment that limits a major life activity
– Can perform the basic functions of the job

Reasonable accommodation for disability

Employer is obliged to reasonably accommodate an individual’s disability, if it does not cause undue hardship on employer

Undue hardship

Employers are not obligated to provide accommodations that impose an undue hardship on them

Uncovered conditions

Certain conditions of disability, like temporary impairments, and users of illegal drugs and alcohol are not covered by the act

Genetic Information Nondiscrimination Actgroups and other protected-class applicants when making
employment decisions
– Legal, if narrowly tailored to achieve compelling interest

Prohibits discrimination against employees based on genetic information

Affirmative action plan

Job preferences given to minority groups and other protected-class applicants when making employment decisions
– Legal, if narrowly tailored to achieve compelling interest

Reverse discrimination

Discrimination against a majority group
– Majority group may sue under Title VII