Law Chap 25: employment discrimination

title vii

applies to employers with 15 or more employees- discrimination is prohibited on the basis of race, color, national origin, religion, gender (includes pregnancy discrimination, constructive discharge, sexual harassment, online harassment)

age in discrimination act

applies to employers with 20 or more employees

intentional discrimination

plaintiff must be part of protected class, apply and qualify for job in question, be rejected by emplyer, employer seek more applicants/fill position w person not in protected class

religious discrimination

reasonable accommodation as long as not affect employers business with hardship

constructive discharge

Termination of employment brought abt by making employees working conditions so intolerable that emplyee resonably feels compelled to leave

sexual harassment exceptions

• Employer taken reasonable care precent and correct behavior

• Plaintiff emolyee unreasonably fail to take advantage of prevent/corrective opportunties orvided by employer to avoid harm

remedies for discrimination

awarded reinstatement, back pay, retroactive promo, damages, comp/punitive damages

Age discrimination

part of protected age, qualified for positions, dischage bc age discrim (40 and over)

disability discrimination

• Plaintiff have disability, qualified, excluded from employment bc disability

• Disbiloty= physical/mental impairment that limits majot life activites, record of impariment needed, regarded as having the impairment

• Resonable accomodation: undue hardship, job app and premp physical exam, sustance abuse, health plan

Bona fide occupational qualification

identifiable characteristic reasonbly necessary to normal operation of business such as gender, national origin, religion, not race