Chapter34EmploymentDiscrimination - C hapter 34 Employment...

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Chapter 34 - Employment Discrimination I. Intro a. Everyone is a labor lawyer – “fairness” b. We all know “they” are bad guys c. Key: Plaintiff always has burden of proof i. “Preponderance of the evidence” d. Key: Rudeness, Vulgarity, boorishness, immaturity are not actionable i. Employment discrimination laws are not to fix these II. Title VII of Civil Rights Act of 1964 a. Summary of it: i. One of many areas covered in Act. ii. The act prohibits job discrimination against employees, applicants, and union members on the basis of race, color, national origin, religion, and gender at any stage of employment. iii. It also prohibits discrimination in decision concerning hiring, firing, promotions, demotions, discipline, compensation, opportunities for additional job training, and any other term and condition of employment. iv. “Commerce Clause” basis for extension – all private companies and unions with 15 or more employees. v. Any employee – part-time and undocumented worker (illegal alien) are covered etc… vi. Covers all employment decisions as listed above b. Equal Employment Opportunity Commission (EEOC) – Part of US DOL
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i. Monitors compliance with Title VII ii. Employer must first file a claim with EEOC then EEOC may investigate the dispute and attempt to obtain the parties’ voluntary consent to an out-of-court settlement. 180 days to file your charge iii. If settlement is not reached, the EEOC may then file a suit against the employer on the employee’s behalf. c. Discrimination i. Emotional word 1. Prohibits use of selected criteria: a. Race b. Religion c. Color d. Gender e. National origin d. Proving “Discrimination” i. Intentional Discrimination aka Disparate Treatment Discrimination 1. Known as Disparate Treatment Discrimination a. Must show she is a member of a protected class
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This note was uploaded on 04/04/2011 for the course BLAW 3312 taught by Professor Charlesmiller during the Spring '11 term at UT Arlington.

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Chapter34EmploymentDiscrimination - C hapter 34 Employment...

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