CH.2 Managing Equal Opportunity & Diversity Terms:
Equal Pay Act of 1963: unlawful to discriminate in PAY on the basis of sex when jobs involve equal work – equivalent skills, effort, and responsibility – and are performed under similar working conditions. DOES NOT violate if the difference is based on a seniority system, a merit system, a system that measures earnings by quantity or quality of production, or a differential based on any other factor other than sex
Title VII of the 1964 Civil Rights Act: an employer cannot discriminate based on race, color, religion, sex, or national origin. Have to accommodate religious beliefs. Cannot give extra time off to some but not others.
Equal Employment Opportunity Commission (EEOC): instituted by Title VII. Consists of 5 members appointed by the president with the advice and consent of the Senate. Each Member serves 5 years. Has a staff of thousands to assist it in administering the civil rights law. Receives and investigates
Office of Federal Contract Compliance Programs (OFCCP): They are responsible for ensuring the compliance of federal contracts.
Age Discrimination in Employment Act (ADEA) of 1967: makes it unlawful to discriminate against employees or applicants for employment who are 40+ yrs.
Vocational Rehabilitation Act of 1973: requires employers with federal contracts over $2500 to take affirmative action for the employment of handicapped persons. Employer has to take steps to accommodate unless doing so imposes an undue hardship on the employer
Pregnancy Discrimination Act (PDA): Prohibits using pregnancy for discrimination in hiring, promotions, suspension or discharge, or any other term or condition of employment.
Federal Agency Guidelines: their purpose is to specify the procedures these agencies recommend employers follow in complying with the equal opportunity laws.
Griggs V. Duke Power Company: Griggs was illegally discriminated against when being hired for a power company. Requirement was you needed a high school diploma and he said that discriminated against blacks bc less have HS diplomas. Griggs won because they said having a HS diploma is not job related. (it would have had an unequal impact on members of a protected class)
Albemarle Paper Company v. Moody: helped clarify what the employer must do to prove that the test or other screening tool is related to performance on the job. The performance standards for the job in question should be clear and unambiguous.
Civil Rights Act of 1991:
First addressed the Burden of Proof. Has to show that a requirement is actually necessary for the job in question.
Once the Plaintiff shows disparate impact the employer now has the burden of proving that it is related.
Also makes it easier to sue for money damages. It provides that enemployee who is claiming intentional discrimination can ask for both compensatory damages and punitive damages.
Finally, an employer generally can’t avoid liability by proving it would have taken the same action – such as terminating someone – even without the discriminatory motive.
Disparate Impact: refers to unintentional discrimination. 4/5th ‘s rule and the McDonnell-Douglas test) Proving that there was a business necessity for the practice is usually the defense for disparate impact claims.
Disparate Treatment: intentional discrimination. “we don’t hire Asians.” The discrimination is obvious.
Sexual Harassment: When an intimidating, hostile or offensive work environment is created. Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature that takes place under:
Submission is explicitly or implicitly a term or condition of an individual’s employment.
Submission to or rejection of such conduct is the basis for employment decisions affecting such individual
Such conduct has the purpose or effect of unreasonably interfering with an…