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Week 6 Take_Notes

Week 6 Take_Notes - Week 7 Mar 3-Mar,7 I Statutory...

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Week 7 Mar, 3-Mar,7 I. Statutory protection for employment discrimination based on gender. a. The difference between quid pro quo and hostile environment depends on what actually happened to the plaintiff. b. Quid pro quo requireds a tangible job action- promotion/ demotion, change in compensation, or responsibility, hiring /firing, etc. c. Hositle Envirionment arises from discrimination without a cause/ effect relationship. (example: the secretary who kept finding porn on her computer) II. Issues in Race/ ethnicity discrimination a. A recent census indicated that 50% of Us workers were born in another country. b. The number of national origin claims filed with the EEOC doubled between 1990 and 2000 c. These cases can be brought individually or as class-action suits d. The supreme Court bases discrimination based on race or national origin very broadly. i. Discrimination only has to be based on ancestry or physical or cultural characteristics. 1. This includes skin color, facial features, hair color/ texture, etc. 2. National origin is not limited to nations with modern boundaries ex. Serbia/ Yugoslavia ii. The EEEOC indicates that cases of “color basis”,are increasing, not necessarily with a focus on any particular race. iii. The U.S seems to have become more xenophobic since septeember 11, 2001. iv. Race and National origin are not exactly the same and a case can be brought on the basis of whichever seems more appropriate III.Title VII requires equal treatment in all employment decisions. a. Employers cannont make discriminatory choices based on the preferences of clients, investors, or co-workers. b. A plaintiff can bring a suit if he was discriminated against on the basis of perception that he was in a protected class, even if he wasn’t actually in that protected class. (ex. I thought he was__, but he was just really tan.)
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c. Affirmative action: The Supreme Court has held that racial and ethnic diversity are desirable values in an educational setting, but quota systems are per se illegal. i. A university admissions officer can award “points” for being a member of a particular race, but can’t be required to admit a particular number of members of that race. IV. Similar to gender discrimination, cases can be based on the creation of racial harassment or a racially hostile work environment. a. A NJ Supreme Court actually held that one use of a racial slur could create a hostile work environment i. However, in this case, the comment was by a sheriff to a deputy sheriff about another deputy sheriff. ii. In life 0r death environments like the military or law enforcement, supervisors will be held to a higher standard than in private business. b. In another case an African born employee was permitted to bring a national origin case against his African-american co-workers c. Employees do not have an Automatic right to dress in a certain way, but the employer’s appearance standards must be nondiscriminatory.
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