Ch. 16 Employment Discrimination

What are the protected classes of Title VII?

1. Race

2. Color

3. National Origin

4. Religion

What employers are required to do to avoid discrimination based on religion?

reasonable accommodations must be provided in the workplace for religious practices

What did McDonald case say about treating someone more harshly because they are white?

It was improper racial discrimination to fire a white employee for the exact same conduct that got a black employee only reprimanded.

Example of sex discrimination?

an employer letting males work overtime but not letting females work overtime

Bostock v. Clayton County — discrimination against gay and transgender people

Termination for being homosexual or transgender is sex discrimination.

Examples of pregnancy discrimination?

1. denying a woman a job/promotion b/c she is pregnant/has children

2. requiring a pregnant woman to go on leave when she is able to do her job

3. treating maternity leave differently from other leaves for temporary disabilities, discriminating in fringe benefits, such as health insurance, to discourage women of child bearing age from working

Harris v. Forklift Systems

If a work environment becomes hostile or abusive due to sexual harassment, an employer may be liable.

Does Title VII restrict same sex harassment?

yes

What are the examples of age discrimination

1. Forcing retirement because of age, requiring older workers to pass physical examinations as a condition of continued employment, indicating an age preference in advertisements for employees, such as "young, dynamic person wanted"

2. Choosing to promote a younger worker rather than an older worker because the older worker may be retiring in several years

3. Cutting health benefits for workers over age 65 because they are eligible for Medicare

Disparate treatment includes what?

choosing the type of work assigned to employee’s based on their race

McDonnell-Douglas Corp. v. Green -- smth required

Created a four-part test needed to sue for discrimination

In a discrimination lawsuit, if the employer offers a job-relevant rationale for the decision, what must the plaintiff do next to win?

if Employer offers a valid defense, Plaintiff must show it is a pretext (show the rationale given is a false excuse to cover discriminatory treatment.)

Burlington Industries v. Ellerth — anti-harassment policy

it does not matter whether it was hostile work environment or quid pro quo harassment; the firm is likely to be vicariously liable if it did not have an effective anti-harassment policy

Chaidez v. Ford Motor Co — Motion to dismiss

The claim for disparate treatment and disparate impact could proceed.

What is a business necessity?

When employment practices are shown to discriminate against some employees, it is up to the employer to prove the practices are justified as a business necessity, are job related and therefore do not violate Title VII

What is disability?

a physical or mental condition that affects a major life activity that limits the ability of a person to perform a particular job function

(a phobia or fear of something does not impact a major life activity so it is not usually a disability)

What are some examples of reasonable accommodations

• making existing facilities accessible

• job restructuring

• part-time or modified work schedules

• acquiring or modifying equipment

• changing tests, training materials or policies

• providing qualified readers/interpreters

• reassignment to a vacant position

How does level of disability work?

If you become partially disabled but are still able to do some type of work, you are not protected from being terminated if your partial disability makes you unable to do your current job

What can an employer only ask about a disability?

If a potential employee volunteers disability information to the employer, the employer can ask questions to determine reasonable accommodations