Chapter%2017 - Chapter 17 Chapter Legal Environment of...

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Chapter 17 Chapter 17 Legal Environment of Business in the Information Age Spring 2003, David Baumer
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Anti-Discrimination Legislation Anti-Discrimination Legislation Most employees work in an at-will state, but there are constraints on employer discretion in job decisions Three major pieces of anti-discrimination legislation The Civil Rights Act (CRA) of 1964 Age Discrimination in Employment Act (ADEA) of 1967 Americans with Disabilities Act (ADA) 1990
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Civil Rights Act of 1964 Civil Rights Act of 1964 Focus of Title VII is employment discrimination CRA of 1964 names five protected classes: Race, color, sex, religion, and national origin The CRA prohibits employment discrimination based on any of the protected classes Discrimination could occur in hiring, firing, wages, terms and conditions of employment, promotions Applies not only to employers but also to unions and government employers
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Disparate Treatment Disparate Treatment The essence of liability under the CRA is that people within a protected class are treated differently than those not in the class Disparate treatment --example Standards for hiring a woman are different than those for hiring a man for the same position CRA does not apply to unprotected classes: Sexual orientation and citizenship , which means that it legal to fire a person because he is a homosexual, or to not hire foreigners
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Disparate Treatment Disparate Treatment In order for a pl. to show a prima facie case of disparate treatment the pl. must show The pl. was a member of a protected class The pl. applied for a job or promotion etc. and was qualified The pl. was not hired or promoted etc. The def./employer continued to search or hired someone outside of the protected class If the pl. makes out a prima facie case, the burden is shifted to the def. to articulate a rationale for the employment decision, e.g., the person hired was more qualified The pl. is then required to show that the reason articulated by the def. is a pretext for discrimination
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Disparate Treatment Disparate Treatment A jury is entitled to decide a case if the pl. is able to show a prima facie case of disparate treatment The jury evaluates the reason articulated by the def. for the employment decision relative to the proof brought by the pl. that the def.’s alleged reasons were just a pretext for employment discrimination When the pl. brings a disparate treatment case, the pl. is alleging that the def. intentionally discriminated against the pl., based on an illegal criteria, namely a protected class
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Disparate Impact Disparate Impact Discrimination Discrimination In disparate impact discrimination, the pl. is alleging that the def. is
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Chapter%2017 - Chapter 17 Chapter Legal Environment of...

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