Term
| Retaliation: Burlington Northern vs. White |
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Definition
| Sheila White made a sexual harrasement complaint..manager assigned her another task afterwards. White reacted by filing a discrimination charge with EEOC for RETALIATION. Disagreement led to her losing her job without pay. White won and was reinstated and the Supreme court ruled that anti-retaliation law extends to any employer even if its not work related. |
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Term
| Equal Employment Opportunity (EE0) |
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Definition
| Nondiscrimatory employment practices that ensure evaluation of candidates for jobs, and fair and equal treatment of employees on the job. |
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Term
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Definition
| Giving an unfair advantage or disadvantage to the members of a particular group in comparison with other members of other groups. |
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Term
| EEO implies two things to avoid discrimination: |
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Definition
1. Evaluation of candidates for jobs in terms of characteristic that really do make a difference between success and failure
2. fair and equal treatment of all employees on the job (equal pay for equal work, equal benefits) |
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Term
Discrimation may assume 2 broad forms:
(also define) |
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Definition
1. Unequal DISPARATE treatment: Intention to discriminate, including the intention to retaliate against a person who opposes discrimination, who has brought charges, or participate in hearing/investigation.
*3 subtheories:
- Direct evidence: open expression of hatred, disrespect, or inequality revealing pure bias.
- Circumstantial evidence: statistical evidence
-Mixed-motive cases: discrimination case in which an employment decision was made based on a combination of job- related as well as unlawful factors.
2. Adverse Impact (unintentional) discrimination: Occurs when identical standards/procedures are applied to everyone, despite the fact that such standards lead to a substantial difference in employment outcomes for members of a particular group. EX: 5 ft 8" requirment has and adverse impact on Asians, Hispanics, and women. To use it, empler would need to show that height requirment is necessary to perform the job. |
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Term
| Two classes of federal law: |
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Definition
1. Laws of broad scope
ex: Civil Rights Act
2. Laws of limited application
Vientam Era Veterans Readjustment Act |
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Term
| Thirteenth & Fourteenth Amendments |
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Definition
13th: Prohibits slavery & involuntary servitude.
14th: Equal protection of the law for all citizens. |
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Term
| Civil Rights Act of 1866 and 1871 |
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Definition
1. Civil Rights Act of 1866: grants all citizens the right to make and enforce contracts for employment
2. Civil Rights Act 1871: grants all citizens the right to sue in federal court if they feel like they have been deprived of any rights or priviledges guarenteed by the Constitution. |
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Term
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Definition
| Amended the Civil Rights act of 1866 so that workers are protected from intentional discrimination in all aspects of employment, not just hiring and promotion. |
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Term
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Definition
Act was passed after Fair Labor Standards Act of 1938. Equal Pay Act required that men and women working for the same establishment be paid the same rate of pay for work that is equal in skill, effort, responsibilit, and working conditions. However, pay differentials are legal if based on seniority, merit, systems that measure quality/quantity of work, or any factor other than sex (completion of training program)
*To correct: emplyers must raise the rate of lower paid employees not lower the rate of higher-paid employees. |
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Term
| Civil Rights Act of 1964 (title 7) |
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Definition
Under title 7: prohibits discrimination on basis of race, color, creed, sex, and religion.
*Through title 7, EEOC was created to ensure that employers, agencies, and labor org's comply with Title 7.
-Includes all public/private employers with 15+ employees except: 1) private clubs 2) religious org's 3) Indian reservation
-Includes back pay (up to two yrs. before filing charge) |
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Term
| Civil Rights Act of 1964 (Title 7): 6 exemptions from book |
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Definition
1. elected officials & appointees or preemployment inquiries
2. Bona fide occupational qualifications (BFOQs): Discrimination is permisable if a prohibited factor (such as gender) is "reasonably necessar to the operation of the particular business" ex: sperm donors
---> burden of proof shifts to employer however to demonstrate this.
3. seniority systems
4. testing (test can be used but if it shows adverse impact the employer must show that it is valid and job related), 5. preferential treatment
6. national security (discrimination is permitted when it is necessary to protect national security if members of groups aim to overthrow US govern.) |
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Term
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Definition
If someone decides to brinig suit under Title 7, first step is to establish prima facie case: A case in which a body of facts is presumed to be true until proved otherwise.
*adverse impact: usually demonstrated thru showing the selection rate for a group in question is less than 80% of dominant group.
*disparate discrimation: usually presented thru direct evidence of the intention to discriminate or by circumstantial evidence. |
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Term
| McDonnell Douglas vs. Green (circumstantial evidence): 4 part test |
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Definition
1. She/He as assrted a basis protected by Title 7, Age Discrimination in Employment Act, or American Disabilities Act
2. She/he was somehow harmed or disadvantaged
3. She/he was qualified
4. Either a similarly individual or group was treated more favorably than the plantiff. |
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Term
| After prima facie evidence.... |
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Definition
1. Burden of proofs is shifted back to employer
-employer must articulate a legitimate, nondiscrimmatory reason for the practice in question.
*Disparate treatment: burden of proof shifts back to plaintiff to show that employer's reason is a pretext to illegal discrimination.
*Adverse impact: Plaintiff's burden is to show that a less discrimatory alternative practice exists and employer failed to use it.
-Business Neccesity/Job relatedness ex: pilots
-Extant senority system
-Numbers can be argued |
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Term
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Definition
Act overturned 6 supreme court decisions issued in 1989:
1. Allowed for monetary damages and jury trials:
15-100 employees: $50,000
101-200: $100,00
201-500: $200,000
500+: $300,000
2. Adverse impact: act clarifies each party's obligation
3. Protection of citizens working in foreign countries under facility contorlled or owned by US company. However employer does not have to comply with US discrim. law if it violates law of foreign country.
4. Racial Harrasment: wokers are protected in all aspects of employment, not just hiring and promotion
5. Challenges to consent decrees: once court order or consent decree is entered to resolve lawsuit, nonparties of original suit cannot challenge.
6. Seniority Systems: Can be challenged within 180 days at three points: 1) when system is adopted 2)whehn individual becomes subject to system 3) when person is injured by system
7. Race-Norming & AA: Individual's percentile score on selection test was computed relative only to other in his or her race/ethnic group and not relative to all members who took the test. Afirmative Action and 1991 makes this illegal.
8. Now extends protection to US senates and appointed officials |
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Term
| The Age Discrimation in Employment Act of 1967 (ADEA) |
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Definition
Prohibits discrimination in pay, benefits, or continued employment for employees age 40 + , unless an employer can demostrate that age is A BFOQ for the job in question.
*Protects older employees from being singled out when companies face cutbacks. |
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Term
| The Immigration Reform and Control Act of 1986 (IRCA) |
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Definition
Law applies to all employees and employers (even with one employee):
1. Employers may not hire or continue to employ illegal aliens
2. Employers must verify the identity of work authorization of every employee: 1-9
3. Employers with 4-14 employees may not discrimate on the basis of citizenship/national origin. |
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Term
American Disabilities Act of 1990 (ADA)
(5 implications) |
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Definition
Employment rate for disability remains only half of those without disabilities.
-Applies to employers with 15+
-prohibits discrimation against a qualified individual with a disability who is able to perform essential functions of a job without accomodation.
-Does not protect individuals wo function normally with mitigating measure such as eyeglasses or medication..but if there are negative effects to to mitigating measusres such as medication limits ability, employer MUST tr to find a wayy to help. But co's do not have to lower work standards.
*5 implications:
1. Buildings open to public must be made accesible to those with physical disabilities.
2. Employers must make "reasonable accomodations"
3. Pre-employment physicals are not permissable after conditional offer of employment is made.
4. Medical info must be kept separate from other personal/wprkrelated info.]5.Drug-testing rules remain intact. |
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Term
| The Family and Medical Leave Act of 1993 (FMLA) |
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Definition
| Allows employees to take a total of 12 wks. leave during any 12 month period for the birth of a child, adoption or serious health condition of employee,spouse,parent,or child. |
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Term
Laws of limited Application:
Executive Orders 11246, 11375 (Mandates AA for fed. gov. and gov. contractors) 11478 |
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Definition
Executive Order 11246:
prohibits discrimation by federal agencies, contractors, n subcontractors.
Executive Order 11375:
Prohibits discrimination based on sex
Executive Order 11478: Prohibits discrimation based on all previous factors, + political affiliation, marital status, or physical disability. |
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Term
| Enforcement of Executive Orders |
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Definition
| Office of Federal Contract Compliance Programs (OFCCP) and Dpt. of Justice |
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Term
Laws of limited Application:
Rehabilitation Act of 1973 |
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Definition
| Enforced by OFCCP, requires federal contractors and subcontractors to actively recruit qualified ppl. with disabilities to eliminate systematic discrimination. |
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Term
Laws of limited Application:
Vietnam Era Veterans Readjustment Act 1974 |
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Definition
| OFCCP enforces that federal contractors required AA to ensure EEO for Vietnam Vets. |
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Term
Laws of limited Application:
Uniformed Services Employment and Reeemployment Rights Act of 1994 |
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Definition
| Enforced by US Dept. of Labor. Requires both public/private employers to promptly reemploy individuals returning from uniformed service (national guard..etc.) in the position they would have occupied maintaining their seniority. |
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Term
| Equal Employment Opportunity Commission (EEOC) and 3 step process |
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Definition
Independent regulatory agency whose 5 commissioners are appt. by president. Sets policies and determines whether there is reasonable cause in individual cases, it can sue either on its own behalf or behalf of claimant.
*3 step process:
1. Investigation
2. Conciliation
3. Litigation
(within 180 days)
LOOK AT PAGE 92 for GUIDELINES! |
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Term
| Office of Federal Contract Compliance Programs (OFCCP) |
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Definition
| Tries to get a conciliation agreement. IF that dos not work, contractors may lose gov. contracts, gov may withold payments. |
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Term
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Definition
| Not about sex, but the abuse of power: Unwelcome sexual advnace, requests for sexual favors, and other verbal/physical conduct of a sexual nature when submission to or rejection of this conduct affects an individual's employment, unreasonably interferes with individual's work performance, or creates intimidating, hostile or offensive work environment. |
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Term
| Two main types of sexual harrasment: |
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Definition
1. Quid Pro Quo: submission (you give me this, i'll give you that)
2. Hostile work environment (an intimidating, hostile, or offensive atmosphere)
--->clarfication in 1993 by EEOC:
-severe and pervasive
-simple teasing, offhand comments, and isolated incidents is insufficient |
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Term
| Preventative Actions by Employers to avoid Sexual Harrassment |
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Definition
-Statement from chief executive officer that states firmly that sexual harrassment is not tolerated
-Workable definition of SH
-Create an effective complaint procedure
-Clear statement of sanctions for violators and protection for those who make charges.
-Prompt, confidential investigation
-Regular training
-Follow up |
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Term
| Age Discrimination (prima facie case): individual must show... |
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Definition
1. She/He is within protected age group (40+)
2. Doing satisfactory work
3. Was discharged despite satisfactory work pefrmance.
4. Position was filled by a perosn younger than the person replaced. |
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Term
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Definition
| Discrimination against whites and in favors of members protected group |
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Term
ADVERSE IMPACT CALCULATIONS:
-Selection Ratio
-Critical value
-Majority vs. minority
-# of _ who would have needed to be hired |
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Definition
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Term
| All employers must engage in AA? |
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Definition
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Term
| EEO laws do not generally offer protection of white males |
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Definition
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Term
| Once you are hired, your employer may not fire you unless there is good reason. |
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Definition
| False, any reason or no reason as long as it is not illegal. |
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Term
| The law can require an employer to hire someone incapable of ever doing the job |
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Definition
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Term
| EEO and AA are the same thing |
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Definition
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Term
| If an employee quits, an employer can't be subject to claims of wrongful termination. |
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Definition
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Term
Sources of employment laws:
-Legislative Branch
-Judicial Branch
-Executive Branch |
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Definition
-Legislative Branch: creates statutory laws
-Judicial Branch: Interprets statutory law, creates common law
-Executive Branch: Enforces statutory law thru EEOC, establishes, creates, and enforces EXECUTIVE ORDERS thru OFCCP |
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Term
| 1971 Griggs v. Duke Power |
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Definition
African american Griggs shoveling coal. Cognitive tests and HS diploma not needed. Created shifting burden of proof to employer
*Plaintiff in discrimination case must show disparate impact, then employer has burder of proof to defend. |
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Term
| 1973 McDonnel Douglas vs. Green |
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Definition
Created standards for disparate treatment employment discrimination cases.
Disparate Treatment:
1. Plaintiff is a member of protected class
-Plaintiff was qualiftied and applied but not hired
-Company continued trying to hire after rejecting plantiff |
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Term
| Civil Rights Act 1964 (Title 7) : Protected Class |
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Definition
| Ppl. who have suffered discrimination in the past should be given special protection by judicial system. (racial or ethnic minorities, women, 40+, disabilities, Vietnam Vets, ppl with religious affilitation) |
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Term
| Debate on sex: Darlene Jesperson vs. Harrah's Personal Best Case |
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Definition
| Reno picture: all dolled up, darlene sued casion and they lost. Casino appealed. Had she made that case that it costed her financially to look "personal best" she would have won. |
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Term
| Civil Rights Act of 1964 (Title 7): exemptions from lecture |
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Definition
-Employees with fewere than 15 employees
-Employers not engaged in interstate commerce (if u use a stamp then yes)
-Religious institutions
-Communist org's
-Indian Reservations
-Private clubs
-Employers engaged in interstate but do not employ 15 or more employees |
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Term
| States that ban employment on smoking and LGBT |
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Definition
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Term
| Pregnancy Discrimination Act 1978 |
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Definition
court determined that pregnancy was not gender discrimination under title 7. Requires employers to treat an employee who is pregnant like any other employee with a medical condition: health care must cover pregnancy
*case: women who is pregnant has the right to choose between the health of her child and the right to do the job, the employer can only give nofications of risks etc. |
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Term
| Americans with Disabiliies Act of 1990 |
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Definition
Employment discrimination is prohibited against individuals with disabilities who are able to perform essential functions of the job without reasonable accomondations.
*More than 50% of accomodations cost virtually nothing. |
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Term
| Discrimination: legal vs. illegal |
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Definition
Ex: in US 94% of all RNs are female and almost 80% MDs are male..is this dicrimination? DEPENDS u must look at applicant pool. You can't use this as a disparity.
1. Legal discrimation: can be determined if you are unqualified (u can pick a person for a job based on toe abnormaltiies)
2. Illegal discrimination- if qualified, ppl, are not getting the opportunity (unfair disadvantage) |
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Term
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Definition
To make a prima facie case:
-Evidence shows 4/5thh rule violation
-Proof of potentional discrimination but does not PROVE discrimiation |
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Term
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Definition
To make a prima facie case:
-Evidence shows 4/5thh rule violation
-Proof of potentional discrimination but does not PROVE discrimiation |
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Term
| 1982 Connecticut vs. Teal |
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Definition
| Adverse impact can happen at each hurdle of selection process so u must look at 4/5 rule at every stage. |
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Term
| 1989 Wards Cove Packing Co. vs Antonio |
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Definition
| Burden o fproof on employee to show he was discriminated (REVERSED GRIGGS RULING) |
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Term
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Definition
- Burden of proof on employer (reversed Wards Cove ruling and codified Griggs into law)
-Quotas and Race Norming illegal
-PUnitive damages allowed
-Protetion of US workers in foreign co's |
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Term
| Quotas vs. Goals and Timetables |
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Definition
Quotas: Inflexible, now are very rare, must be met in a specified amt of time.
Goals & Timetables: flexible, may be me in a realistic amt of time. |
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Term
| Quid Pro Quo vs. Hostile Environment |
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Definition
Quid Pro Quo:
-Workplace benefit promised, given, or witheld from harassee by harasser
-In exchange for sexual activity
-Generally acompanied by a paper trail (promotion, raise, termination....)
Hostile Environment:
-Unwanted
-Based on harasse's gender
-Creates hostile work environment
-Interferes with harassee's ability to do his/her job
-Severe and pervasive
-affects condition of harassee's employment |
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Term
| Sexual Harrasment Case: Oncale vs. Sundowner |
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Definition
Oil Crew made sexual threats to gay employee. He lost case because the state didn't handle sexual orientation but he appealed.
-WON because it was so severe & pervasive that "no reasonable person could work in this environment" |
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Term
| EEO Discrimination Complaint Process |
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Definition
1. Discrimination charge (180 days after incident)
2.Hear your claim: Choose to settle/remedy or Investigate
3. If investigated:
-Probable Cause Statement: EEO thinks they can win
-No probable cause statement: EEO dodesn't want to be a free lawyer...doesn't mean you lost you just need a private lawyer.
3. IF EEO takes it: Conciliation, Litigation, Right to Sue notice
4. If you take it with private lawyer: SUE |
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