Civil rights & employee discrimination

employee discrimination laws

require employers to treat job applicants and employees fairly, making employee decision based on skill and merit

(generally) Protected classes:

• age

• skin color

• diability

• gender

• marital status

• national origin

• sexual orientation

• race

• religion

civil right

an enforceable right or privilege that can give right to action if interfered with

Ex. Right to vote

discrimination

the civil right of a person is violated because of membership to a particular group/class

14th amendment

due process, equal protection, no depravation of life, library, or property without due process

Title VII of civil rights act of 1964

covers employers engaging in interstate commerce, federal law that prohibits employment discrimination on the basis of:

• sex

• gender

• race

• creed

• color

• national origin

enforced by EEOC

HOW MANY EMPLOYEES DO YOU HAVE TO HAVE TO BE COVERED BY TITLE 7

15 OR MORE FOR THE LOVE OF CHRIST WE LITERALLY KNOW THIS IS ON THE TEST FREE POINTS

race

a person’s race and characteristics associated with that person’s race

Ex. hair

color

…use your brain

religeon

all aspects of religious observations and practices, including belief

• includes those who don’t belong to organized religion

• includes those who don’t believe in any religion

• includes “creed” (very strongly held beliefs about what is right/wrong)

sex/gender

In addition to being blatantly obvious, you also can’t make discrimination based on pregnancy/childbirth

Bostock V. Clay County (2020)

man was in a gay softball league outside of work, his boss wanted him to quit

• you can’t discriminate based on on sexual orientation/ gender identity

national origin

where you/your family is from

equal pay act of 1963

require that men and women be paid the same amount for the same amount of work, bans overt discrimination based on sex

“equal work”

compensable factors, skill, effort, responsibility ,working conditions

US women’s soccer lawsuit

US women’s players sued US Soccer Federation and forced a settlement over player salaries

Age Discrimination in Employment Act (ADEA)

protects workers/applicants who are 40+ from discrimination based on age; "protects from “for the young over the old”

• applies for companies with 20+

  • varies with states

O’Connor V. Consolidated coin caterers Co

all employees over 56 got replaced

• found that employees don’t need to be replaced by someone over 40, just by someone substantially younger

Federal civil rights act of 1991

amended earlier SCOTUS decisions that made it difficult for employees to win in job discrimination suits; defined disparate treatment and disparate impact

disparate treatment

treating employee differently because they are member of protected class

disparate impact

policies that look neutral but are mneat to weed out certain groups

Ex. professor job where you have to lift 100 pounds

Disability law

generally states that employers must provide reasonable accommodations for qualified individuals with disabilities

ADA

prohibits employers from discriminating against employees/applicants with disabilities

• STARTS WITH 15+ EMPLOYEES

Disability

if a major life act is restricted as to concern, manner, in comparison to most people

• this is super broad for a reason

qualified person W/ disability

a person who would otherwise meet the basic skill and educational requirement for the position or who can perform the function of the position with/without reasonable accommodation requirements

reasonable accommodation

some modification of the work/environment that allows a person to perform the essential functions of a job

• assessed on indiviudal basis

• employer decides what is implemented, but it must be effective

Undue hardship

nature and net cost

• if the job is not available and they can’t stick you somewhere/afford an accommodation

McDonald Douglas v. Green

Green claimed he was laid off for racial reasons, EEOC didn’t find anything, McDonald Douglas said “well then you can’t still sue us”

• SCOTUS said “yeah no get back here you’re still on the hook”

• laid framework to prove discrimination

Mechanics of a claim

1. administrative complaint (EEOC)

2. agency launces admin investigation

3. possible mediation

4. admin decision

   1. EEOC takes over (rare)

   2. right to sue letter

   3. complaint dismissed (see above)

5. petition in state/federal court

process of disparate treatment

1. prima facie case

2. employers burden of proof

3. pretext

prima facie case

a member of a protected class applied for a job while well qualified, they are rejected, and the applicant continues to accept applications

employer’s burden of production

had to come up with a legit reason why the applicant was denied

pretext

applicant must prove that being a member of a protected class was a factor in employer’s decision

Curry V. Menards

Menards had a policy that all registers had to balance at the end of the day, but they only enforced it for Curry, a black employee, who was the only one written up and eventually fired

Exemptions to discrimination

• religious based schools

• high level security jobs (US citizen)

• mandatory retirement age for pilots

• RACE IS NEVER A BFOQ

harassment

harassing based on a protected class

sexual harassment

unwelcome verbal or physical conduct of a sexual nature

Meritor SB v. Vinson

Vinson worked at a bank, was sexually harassed (Quid Pro Quo), went to managers boss and was then also harassed

• found that sexual harassmnet was a form of sex discrimination harassment

Hostile work environment

abusive work environment created by pictures, gestures, unneeded touching or comments

Quid Pro Quo

employment benefits for sexual favors

Oncale V Sundowner

All male sexual harassment on an offshore oil rig

• found that title VII protects people from sexual harassment from the same gender

Harris V. Forklift System

Provided explanation for what a hostile work environment is; held that unreasonably interferes with employees work environment

Sexual harassment liability

a company is liable for harassment by employees, vendors, customers