At will employment

• Employer free to discharge individuals for any reason & without liability
• Employee equally free to quit, strike or cease work

• Government regulation of contractual agrements b/t employers and labor unions -- prevents labor unions from excluding non union workers
• In RTW states unemployment lower but wages are also lower

• Prohibits discrimination in employment based on five protected classes

1. Race
2. Color
3. National Origin
4. Religion
5. Sex (Pregnancy)

Equal Employment Opportunity Commission

(EEOC)

Government commission to ensure employer's follow civil right's legislation

• Justified by business necessity to operate safely and efficiently
• Emergency situations
• Team, cooperative assignments
• Communication with customers, co-workers who only speak English
• Enable Supervisor clear communication with staff

Disparate Treatment Discrimination

Applicant must prove

• Member from protected class
• Qualified applicant
• Were employer's actions motivated by discriminatory intent?
• If proven (prima facie met) burden shifts to defendent

Disparate Impact Discrimination - group adversely affected by emplyer's practices, procedures, tests, etc.

Must show:

• Pool of Applicants
• Selection Rates

Pool of Applicants

** HINT (Company --> Market)

Plaintiff must show that % of protected class in employer workforce does not reflect % in local labor market

Plaintiff must show disparate impact through selection rates of members in protected class with nonmembers.  Less than 80% = Disparate Impact

Policies that discriminate are illegal unless can show substantial demonstrable relationship to realistic qualifications for job -- BFOQ

• Can never be based on race, color or national origin

• Employers with 20+ employees & interstate commerce
• Cannot discriminate against employees 40 years or older
• Does not protect for employers where favor older employees

• Strict level of burden: Must prove but for causation of age discrimination
• Was discharged because of age
• Replacement with substantially younger employee more reliable indicator of age discrimination

1. Bona fide occupational qualifications (BFOQ)
2. Based on something other than age
1. Seniority system
2. Early Retirement Plans

Equal Pay Act

(EPA)

Requires equal pay for equal work (job content) and protects both sexes from pay discrimination based on sex

Must show that:

• Different wages based on sex
• Same job content, equal skill, work & responsibility
• Performed under similar work conditions

EPA Defenses

EPA show four criteria that justify wage differentiation

1. Seniority
2. Merit
3. Quanity or Quality of Product
4. Any factor other than gender

Americans with Disability Act

(ADA)

Requires employers to offer reasonable accomodation  to employees with disability who are otherwise qualified for job.  Must show:

1. Have a disability
2. Is otherwise qualified
3. Excluded from employment solely b/c of disability

Reasonable Accomodation

(ADA)

Reasonable Accomodation

Employee with disability can perform job with reasonable accomodation without

1. Undue hardship on employer
2. Business necessity
1. Usually defense against uninentional discrimination

Affirmative action programs normally constitutional only if attempts to remedy past discrimination and not make use of qoutas

1. Quid Pro Qou - This for that
1. A benefit or punishment is contingent opun employee submitting to sexual advances
2. Hostile Working Enviroment
1. Someone's behavior makes it difficult for someone of a particular sex to work

Sexual Harrassment: 

3 critical issues in Hostile Working Enviroment

• Plaintiff cannot invite advances
• Harrassment was sever enough to alter terms of priveleges of employment terms
• Organization liable fo ractions of its employees