Lecture Slides 5_Presentation - ANNOUNCEMENTS Reading:...

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ANNOUNCEMENTS Reading: Cases through page 66. Assignment #2 available Wednesday and due Thursday, March 6. Midterm exam 8:15 a.m., March 12. Midterm exam review materials are posted on the course website. Is your cell phone silent?
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Employment Discrimination Law Introduction Forms of discrimination Proving discrimination Possible defenses Remedies
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Major Federal Legislation Equal Pay Act Title VII of Civil Rights Act of 1964 Pregnancy Discrimination Act of 1978 Age Discrimination in Employment Act Rehabilitation Act of 1973 Americans with Disabilities Act of 1990 Civil Rights Act of 1991
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Trends in Discrimination Cases Complaints filed with the EEOC: 1994 – 92,000 [all time high] 2000 – 79,900 2002 – 84,400 2004 – 79,400 2006 – 75,800 2006 – 371 lawsuits filed by the EEOC $44.3 million in judgments obtained [no big cases resolved this year] $230 million in settlements/mediation results
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EEOC Discrimination Claims 2005 Race 35.9% Sex 30.7% Retaliation 29.6% Disability 20.6% Age 17.9% National origin 11.0% Religion 3.3%
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Applicability of legislation “Traditional” employees Professionals? Independent contractors? Illegal aliens? “Traditional” employers Individual supervisor? See Dunn v. Washington County Hospital , Cases at 40.
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Requires Equal Treatment in: Hiring Compensation and fringe benefits Training programs and apprenticeships Work rules Promotion/demotion Dismissal/termination Any other terms, conditions of employment Also bars retaliation
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Forms of Discrimination -- Suspect Classifications Gender Race/ethnicity Religion Age Disability
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Gender Discrimination Title VII amended to include gender discrimination so little legislative history regarding sex discrimination expectations. Is there protection for sexual orientation? Is same-sex harassment actionable?
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Will be actionable if: There is evidence that the harasser sexually desires victim, i.e. a gay supervisor; Harasser “displays hostility to presence of a particular sex in the workplace” Example? There is evidence that harasser’s conduct was
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Lecture Slides 5_Presentation - ANNOUNCEMENTS Reading:...

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