Chapter Notes on Employment Discrimination

Employment Discrimination Chapter Notes

Overview

  • Employment-at-Will

    • Legal doctrine allowing employees to be hired and fired at will by employers.

    • Majority of workers in U.S. are under this doctrine, allowing termination for various reasons (e.g., appearance, personal disputes).

Learning Objectives

  • Understand civil rights statutes governing employment discrimination.

  • Explore legal theories related to discrimination lawsuits.

  • Identify ways businesses can avoid liability for discrimination.

Case Study: Abercrombie & Fitch (A&F)

  • Marketing Concept

    • Known for "Casual Luxury," aiming to portray an attractive, young, athletic image.

    • This strategy has resulted in substantial profits, emphasizing consumer identity alignment with A&F.

    • A&F's hiring practices reinforce this image by favoring attractive models and store workers.

  • Legal Implications

    • Not illegal for A&F to hire based on attractiveness, similar to Vogue or cosmetics companies.

    • Overweight or unattractive discrimination is legal, but problems arise if such policies mask racial discrimination.

    • 2004 Discrimination Suit: Former workers and applicants sued A&F for racial discrimination, resulting in a $50 million settlement and company policy changes.

Key Concepts

  • Protected Class: Categories of workers shielded from unfavorable employment actions based on characteristics like race, sex, etc.

    • Hiring based on looks can be legal unless it discriminates against protected classes.

Title VII of the Civil Rights Act of 1964

  1. Historical Context

    • Aimed at eliminating workplace discrimination, especially toward racial minorities, women, and religious groups.

    • Compliant for employers with over 15 employees.

  2. Protected Characteristics

    • No job discrimination based on:

      • Race

      • Color

      • Religion

      • Sex

      • National origin

  3. Key Provisions

    • Discrimination acts include hiring, termination, promotion, etc.

    • Retaliation is illegal against employees filing complaints.

    • Limited exceptions exist, notably concerning bona fide occupational qualifications (BFOQ).

  4. Bona Fide Occupational Qualification (BFOQ)

    • Employers may discriminate if necessary for business operations (e.g., hiring female attendants at women's shelters).

    • Must be essential and specific to the job function.

    • Customer preference cannot justify BFOQ.

  5. Disparate Treatment & Disparate Impact

    • Disparate Treatment: Intentional discrimination against a member of a protected class.

    • Disparate Impact: A neutral policy that negatively affects a protected group, requiring business necessity justification.

  6. Lilly Ledbetter Fair Pay Act of 2009

    • Resets the filing clock for equal pay cases upon each discriminatory paycheck.

EEOC (Equal Employment Opportunity Commission)

  • Established under Title VII to enforce anti-discrimination laws.

  • Investigates complaints and can file action against employers.

  • Must file with the EEOC before pursuing litigation.

Other Federal Anti-discrimination Laws

  1. 1866 Civil Rights Act: Guarantees citizen rights and job discrimination protections based on race.

  2. Equal Pay Act of 1963: Mandates equal pay for equal work; victims go directly to court.

  3. Age Discrimination in Employment Act (ADEA): Prohibits discrimination against workers over 40.

  4. Americans with Disabilities Act (ADA): Prohibits discrimination against individuals with disabilities, requiring reasonable accommodation unless undue hardship exists.

Conclusion

  • Discrimination cases are hard to prove, with many going unreported due to fear of retaliation or job loss.

  • Advances in workplace legislation continue, but parity in the workplace requires ongoing efforts from new business leaders and policymakers.