Chapter 20

Title 7 of the Civil Rights Act of 1964

Probihibits job discrimination based on race color, religion, sex, or national orgin

title 7 applies to employers with

15 or more employees

Employee must report discrimination to

EEOC

Employee must file charges of discrimination within

180 days

If the employee first filed with a state fair empliyement practiced commision

law will extende time for filing eeoc complaint to 300 days

EEOC will file civil lawsuit in

a federal district court but first they have to exhasut all efforts to settle claim

Discrimination is prohibited under

dischagre

refusal to hire

compensation

promostion

terms condition

Disparate Treatment

Employer intentionally discriminates a protected class

Disparate impact

Employers procedures may be unbiased but contirbute to a disprporationat impact on a protected class

Unintentional

Emploiyerds proc

Employer Defense

Bona fide occupational qualification relating to religion, sex or national origin (cannot use if relating to race or color)

BFOQ

Allows for the hiring of indivduals based on sex, religion, and national origin

Employer Defesne for impact

The challenged employment practice is job related and consistent will business neccessity

Speaking of a native language

Cannot be barred by an employer

Policy must justify that speaking english is

a buisness neccesity

Reasonable accomodations to religious needs of employees

must be accepted by employers

Applicants do not need to

Provide direct knowledge of religious practices

Statutes that are said to protect women are not

defenses to charges of discrimination under the EEOC guidlines

There is no requirement to show injury or economic loss in a

sexual harrassment claim

Quid pro quo

Employee has been promised benefits or threatend with loss if they do not give favors to a supervisor

Law covers both

Unmarried and married women

Employer cannot stop work from

working until baby is born

Coverage for abortion is

not covered by statute unless the employee carries to term and her life is endangered

Equal pay act

prohibits employer from discriminating on the basis of sex

Execption for seniority or merit system

Supreme court holds that discrimination on the basis of sexual orientation

equates to discrimination on the basis of sex