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EEO - Equal Opportunity Employment Law in the United States...

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Equal Opportunity Employment Law in the United States 1963 Equal Pay Act 1964 Title VII of the CRA 1965 Executive Order 11246 1967 Age Discrimination in Employment Act 1973 Vocational Rehabilitation Act 1990 Americans with Disabilities Act 1978 Pregnancy Discrimination Act 1991 Civil Rights Act of 1991 Lilly Ledbetter Act 2009
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The Problem: Unequal Employment Occupational segregation Choice, or Access discrimination Earnings gap Labor market factors, or Valuation discrimination What is the source of the problem? Discrimination in the employment relationship, or Discrimination in the social system
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Employer Response: Do Diversity Initiatives Make Sense? Legal compliance Employee relations Labor supply Customer relations Public relations
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Equal Opportunity v. Affirmative Action: An Example Large accounting firm hires both men and women The “best and the brightest” Equivalent education and experience More men are promoted to partner than women Records show men outperformed the women Equal opportunity approach Affirmative action approach
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Title VII of the Civil Rights Act of 1964 Prohibits discrimination or segregation on the basis of sex, race, color, religion, or national origin in any employment condition, including hiring, firing, promotion, transfer, compensation and admission to training programs
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Pregnancy Discrimination Act 1978 amendment to Title VII Requires Ers to treat pregnancy as a disability, and to provide the same benefits to pregnant women that are provided to other disabled workers
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The Definitions of Discrimination Disparate treatment Different standards are applied to different groups of employees Disparate impact Same standards are applied to all groups, but there is a differential impact on employee groups
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The Legal Process Disparate Treatment Disparate Impact Show intent? Yes No Prima Facie Show individual was Show statistical case treated differently disparity between (Plaintiff) group outcomes Er’s defense Business justification Business necessity Plaintiff’s Show “pretext” Show alternative rebuttal procedures which meet Er’s goal
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McDonnell-Douglas Test (Disparate Treatment) 1. The individual is a member of a protected group.
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