Ch. 20 Employment Discrimination Laws

Title VII of the Civil Rights Act of 1964

prohibits job discrimination based on race, color, religion, sex, or national origin

Who does Title VII apply to?

employers with 15 or more employees, private and public employers

Employment agencies discrimination

prohibited from either failing to refer or actually referring an individual for employment on the basis or race, color, religion, sex, or national origin

Employer discrimination

it is unlawful to fail or refuse to hire on discriminatory, affirmative act is not illegal for employers

Disparate Treatment

employer’s policies, practices, or procedures are set up to intentionally eliminate a protected class

Employer Defense for disparate treatment

Bona fide occupation qualification

Bona fide occupation qualification (BFOQ) relating to religion, sex, or national origin

allows for the hiring of individuals based on sex, religion, and national origin if these characteristics are indeed BFODQs (meaning they are absolutely necessary for successful performance of the job itself)

Disparate Impact

Unintentional, the employer’s policy, practices, or procedures are unbiased but end in a disproportionate impact on a protected class

Employer Defense for disparate impact

the challenged employment practice is job related and consistent with business necessity

Discrimination on the basis of sex

statutes that are said to protect women are not defenses to charges of illegal sex discrimination under EEOC guidelines

EEOC forbids employers to:

• classify jobs as male or female

• advertise in help-wanted columns that are designated male or female

Exception for employer not allowed to have a bona fide occupational qualification in hiring standards

factor in their brand, EX: Hooters

Sexual Harassment Claims

do not have to show injury or economic loss in order to bring a sexual harassment claim

Quid Pro Quo

the employee has been promised benefits or threatened with loss if she or he does not give sexual favors to a supervisor

Hostile Work Environment

employers are liable in such cases when they know of the problem and fail to take the steps to correct them

Pregnancy Discrimination Act

employers with health or disability plans must cover pregnancy and childbirth and related medical conditions in the same manner as other conditions

Bostock v. Clay County

An employee gets fired after joining a gay softball league. The court ruled that an employer who fires an individual merely for being gay or transgender violated Title VII

Affordable Care Act

prohibits insurance companies from refusing to cover individuals based on preexisting conditions

What can you ask during interviews regarding disabilities?

after offering the job, employer can ask job-related medical questions

Qualified disabled

those with a disability who, with or without reasonable accommodation, can perform the essential functions of a particular job position

Religious Accommodations

reasonable accommodations to religious needs of employees must be accepted by employers