ch16 - Employment Discrimination Chapter 16 Historical...

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Employment Discrimination Chapter 16
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Historical Movement to the Present Laws Historically, employers could discriminate on race, sex or other personal characteristics Jim Crow laws supported segregation & labor market discrimination National Civil Rights Movements in the 1960s began the change 1963 Equal Pay Act (first employment discrimination legislation) Title VII of the Civil Rights Act of 1964 1972 Equal Employment Opportunity Act (created the EEOC) 1978 Pregnancy Discrimination Act 1991 Civil Rights Act EEOC established to enforce all of them
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Title VII of 1964 Civil Rights Act Amended by Equal Employment Opportunity Act of 1972 Employers/unions with 15 or more employees/members are subject to the law CANNOT discriminate based on (protected classes): Race Color Religion ( reasonable accommodation of religious practices w/o undue hardship on the employers Sex (does not apply to sexual preference or identity) National origin Reverse discrimination (preferential treatment to members of a protected class) is also illegal McDonald v. Santa Fe Trail African-American employee reprimanded, but kept job; the white employee was fired. Held: Illegal reverse discrimination under Title VII.
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Title VII Legal Theories 1. Disparate Treatment Express Policy (No women in this department) This is rarely seen now; employers too sophisticated Isolated Incidents Members of protected classes with equal qualifications are not hired, while whites or men are hired Issue of pretext firings.
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Title VII Legal Theories (cont) 2. Disparate Impact (usually from a rule neutral on its face). Height/weight restrictions; must test attribute. Educational restrictions; Police/Fire tests; must show relevance. High school diploma; Pacemates. Sponsored by a current member. Chaney case: Drug tests/false +’s/Blacks
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Defenses Under Title VII 1. BFOQ: Bona Fide Occupational Qualification Applies only to sex, religion, national origin, and race in very limited circumstance: actor, wet nurse. Jewish rabbi French chef in French restaurant Only female guards at women’s prisons? Male models for female clothing? Dothard case – Yes. Johnsons Control case – No.
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B F O Q – Dothard case AL had a height and weight restriction for prison guards, and a policy of no women in contact positions. Female applies Height/Weight restrictions held unlawful. No contact upheld: Woman’s ability to control prisoners impaired by womanhood. More likely that men would attack women guards; this would put OTHER guards at risk. Usually up to woman to decide health risks; but not risks to other guards
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BFOQ – Johnson Control Case Employer prohibited fertile women to work in areas with lead. No similar prohibitions for male workers, altho’ similar danger.
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ch16 - Employment Discrimination Chapter 16 Historical...

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