Employment Discrimination Chapter 19

Civil Rights Act of 1866

This Act guarantees that all people in the United States have the same right to make and enforce contracts as white citizens, prohibiting race discrimination in employment.

Equal Pay Act of 1963

This Act makes it illegal for employers to pay men and women different wages for equal work requiring equal skill, effort, and responsibility.

Title VII of the Civil Rights Act of 1964

This legislation prohibits employment discrimination based on race, color, religion, sex, and national origin, affecting various employment decisions.

Pregnancy Discrimination Act

This Act prohibits discrimination based on pregnancy and requires employers to treat pregnant employees the same as others with similar abilities.

Americans with Disabilities Act (ADA)

This Act prohibits discrimination against qualified individuals with disabilities in employment and requires reasonable accommodations.

Genetic Information Nondiscrimination Act (GINA)

This Act prohibits discrimination based on genetic information and protects confidentiality of such data in employment.

Disparate Treatment

Intentional discrimination against an individual based on their membership in a protected category, requiring proof of discriminatory intent.

Disparate Impact

Occurs when a neutral policy disproportionately affects a protected group, even without the intent to discriminate.

Example of Disparate Treatment

A company only hiring men for a physically demanding job, discriminating based on sex despite women's capability.

Example of Disparate Impact

A job requiring a high school diploma that unintentionally screens out minority applicants due to historical factors.

Common Defenses against Discrimination Claims

Includes merit, seniority, bona fide occupational qualification, poor work performance, and legitimate business decision.

Ways Businesses Can Prevent Discrimination

Implement anti-discrimination policies, provide regular training, establish complaint processes, and promote diversity.

Workplace Harassment

Unwelcome conduct based on an employee's protected characteristic that creates a hostile work environment.

Two Main Types of Sexual Harassment

Quid Pro Quo and Hostile Work Environment.

Quid Pro Quo Harassment

Employment benefits conditioned on sexual favors.

Hostile Work Environment Harassment

Pervasive unwelcome sexual conduct creating an intimidating or offensive workplace.

Forms of Hostile Work Environment Harassment

Includes same-sex harassment, racial, color-based, national origin, religious, disability, and age-based hostility.

Significance of the #MeToo Movement

Brought attention to sexual harassment prevalence, empowered victims, and increased workplace accountability.

CROWN Act

Prohibits discrimination based on natural hairstyles associated with race, recognizing hair's role in cultural identity.