Chapter 21

Employment Discrimination

List the first 7 titles of the Civil Rights Act.

1. Voting

2. Public accommodations

3. public facilities

4. desegregation of schools

5. commission on civil rights

6. federally funded programs

7. Employment (our focus)

Explain title 7 and who it applies to.

Prohibits discrimination against employees, applicants, and union members of protected classes. (even undocumented workers can file suit)

Only applies to employers with more than 15 employees

What are the 5/6 protected classes?

1. Race

2. Color

3. National Origin

4. Religion

5. Gender & sexual orientation

Griggs v Duke Power

company had job requirement of diploma or intelligence test which Griggs claimed was discriminatory and won.

what is Intentional vs unintentional discrimination called?

Disparate Treatment is intentional and Disparate Impact is unintentional

Describe Disparate Treatment:

Prima Facie -

1. protected class, qualified for job, rejected, employer sought applicants with person not in that protected class

BOP -

1. plaintiff must prove prima facie and then company must show legitimate hiring reason

2. burden could shift back to plaintiff to prove pretext

What are the defenses to Disparate Treatment?

1. Business necessity or job related reason

2. Bona Fide Occupational Qualification (BFOQ)

3. Seniority System

Explain Disparate Impact:

Prima Facie -

1. employer has facially neutral policies that are neutrally applies, but they have a significant adverse impact on a protected class(Proven in 2 ways)

BOP -

1. Prove prima facie and company must defend

Define Equal Pay Act.

Sex-based wage discrimination