Employment Discrimination Study Notes

Chapter 30: Employment Discrimination

Introduction

  • Discussion of employment discrimination and its relevance in the workforce.

  • Example context: Job at a pub requiring applicants to be of British nationality only.

  • Legal inquiry: Whether such a requirement violates anti-discrimination laws.

Learning Objectives

  1. Describe the protections of Title VII of the Civil Rights Act.

  2. Identify laws protecting against discrimination based on age, disability, or military status.

  3. List potential defenses to a discrimination claim.

  4. Define affirmative action.

Historical Context of Employment Opportunity Before 1964

  • Mention of critical laws affecting employment discrimination prior to 1964:

    • The United States Constitution

    • Civil Rights Act of 1866

    • Equal Pay Act of 1963

The Civil Rights Act of 1964

  • Foundation for preventing job discrimination.

  • Key Points:

    • Prohibits job discrimination based on race, color, national origin, religion, and gender.

    • Applies to employees, job applicants, and union members.

    • Covers intentional and unintentional discrimination.

    • Employers must have 15 or more employees to be covered under the Act.

Title VII of the Civil Rights Act

Discrimination Types

  1. Disparate Treatment Discrimination

    • Prima Facie Case (establishing initial evidence):

    1. Plaintiff is part of a protected class.

    2. Plaintiff applied and qualified for the job.

    3. Plaintiff was rejected by the employer.

    4. Employer continues to seek applicants or hired someone not in a protected class.

    • Burden of proof shifts to the defendant to explain the hiring decision.

    • If a reason is provided, the plaintiff must demonstrate it is a pretext for discrimination.

  2. Disparate Impact Discrimination

    • Prima Facie Case:

    1. Show that employer's practices or tests are discriminatory in effect.

    • Burden shifts to the defendant to justify these practices as necessary.

Sexual Harassment

  • Types:

    • Quid pro quo (this for that) vs. Hostile environment.

  • Employer liability:

    • Personal liability for supervisors who engage in sexual harassment.

  • Defense against liability:

    1. Employer took reasonable care to prevent and correct any harassment.

    2. Employee failed to take advantage of corrective opportunities offered by the employer.

Employer Retaliation

  • Title VII prohibits retaliation against employees who oppose discriminatory practices.

  • Requirements for protection:

    • Employee must oppose a practice prohibited by Title VII.

    • Must face an adverse employment action as a result.

Discrimination Based on Religion

  • Employers cannot preferentially treat employees based on religion.

  • Requirements:

    • Must not compel employees to participate or abstain from religious activities.

    • Employers should accommodate employees' religious practices unless it causes undue hardship.

Discrimination Based on Sex

  • Sex must be a determining factor in discrimination complaints.

  • Criteria considered not protected under Title VII include attractiveness, weight, hair, and makeup.

  • Pregnancy Discrimination Act expands gender discrimination to include discrimination based on pregnancy.

Defenses to Employment Discrimination

  • Various defenses an employer might use:

  1. Merit

  2. Business Necessity

  3. Bona Fide Occupational Qualification (BFOQ)

  4. Seniority system

  5. After-acquired evidence of employee misconduct

Discrimination Based on Age

Age Discrimination in Employment Act (ADEA)

  • Prohibits employment discrimination against individuals 40 years of age or older.

  • Prohibits mandatory retirement for nonmanagerial workers.

  • Protects employees against retaliation based on age-related complaints.

Coverage Requirements

  • ADEA requires:

    • Employers to have 20 or more employees.

    • Business activity must affect interstate commerce.

Prima Facie Case (Disparate Treatment in Age Discrimination)

  1. Employee is part of the protected age group (40 or older).

  2. Employee qualified for the position from which they were discharged.

  3. Employee suffered an adverse action (like termination).

  4. Employee was replaced by a younger person.

  • Burden shifts to employer to provide a legitimate, nondiscriminatory reason for the action.

  • Employee must show that reason was pretext for age discrimination.

Prima Facie Case (Disparate Impact in Age Discrimination)

  1. Employment practice excluded a disproportionate number of individuals aged 40 and older.

  • Burden shifts to employer to justify their decision based on reasonable factors other than age (e.g., cost).

Americans with Disabilities Act (ADA)

Overview

  • Prohibits disability-based discrimination in workplaces with 15 or more workers (exception for state government workers under the Eleventh Amendment).

  • Employers must reasonably accommodate individuals with disabilities unless it results in undue hardship.

Associate Protection

  • ADA protects individuals who have associations with disabled persons (e.g., family members).

  • Employers must adjust hiring processes to allow individuals with disabilities to compete fairly.

Definition of Disability

  • Disability is defined as:

    1. A physical or mental impairment that substantially limits one or more major life activities.

    2. A record of such impairment.

    3. Being regarded as having such an impairment.

  • Employers must keep employees' medical information confidential.

Prima Facie Case for Disability Discrimination

  1. Plaintiff must show they have a disability.

  2. Plaintiff is otherwise qualified for the position.

  3. Plaintiff was excluded from employment solely due to the disability.

  4. Plaintiff must first pursue the claim through the Equal Employment Opportunity Commission (EEOC) before initiating a lawsuit in court.