Chapter 16

Chapter 16 - CHAPTER 16 Title VII of the Civil Rights Act...

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CHAPTER 16 Title VII of the Civil Rights Act of 1964 1) Employer with 15 or more employees 2) To eliminate job discrimination based on race, color, religion, sex, or national origin 3) Only exception for Bona fide occupational qualifications (BFOQs) 4) Created the Equal Employment Opportunity Commission (EEOC) which enforces the provision of the act (hold hearings, obtain evidence, and subpoena and examine witnesses under oath) 5) A plaintiff can recover up to $300,000 in punitive and compensatory damages for intentional discrimination. 6) Winning a Title VII civil action a) In proving Disparate Treatment -the plaintiff must convince the court that the employer intentionally discriminated against the plaintiff. The defendant can win by showing that all or substantially all members of the plantiff’s class cannot perform the duties of the job. (BFOQ defense) b) In a Disparate impact case the plaintiff must prove that the employer’s policies had a discriminatory effect on a group protected by Title VII. The employer can defeat the plaintiff’s claim by proving the business necessity defense (requires that the employer prove that the policies used are job related and based on business activities) 7) That the showing of a statistically imbalanced workforce is not enough in itself to establish a violation 8) Prohibits discriminatory employment practices based on race or color that involve recruiting, hiring, and promotion of employees 9) A policy requiring employees to speak English will violate title vii as disparate impact unless its justified by business necessity 10) Employers must make reasonable accommodations to the religious needs of their employees if it does not result in undue hardship to them 11) Sexual Harassment case
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This note was uploaded on 04/02/2011 for the course LEGL 2700 taught by Professor Reed during the Fall '07 term at UGA.

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Chapter 16 - CHAPTER 16 Title VII of the Civil Rights Act...

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