BL-Chapt34 - Print Chapter Page 1 of 29 Employment...

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Employment Discrimination Chapter Introduction 34-1 Title VII of the Civil Rights Act of 1964 34-1a The Equal Employment Opportunity Commission 34-1b Intentional and Unintentional Discrimination 34-1c Discrimination Based on Race, Color, and National Origin 34-1d Discrimination Based on Religion 34-1e Discrimination Based on Gender 34-1f Constructive Discharge 34-1g Sexual Harassment 34-1h Online Harassment 34-1i Remedies under Title VII 34-2 Discrimination Based on Age 34-2a Procedures under the ADEA 34-2b Replacing Older Workers with Younger Workers 34-2c State Employees Not Covered by the ADEA 34-3 Discrimination Based on Disability 34-3a Procedures under the ADA 34-3b What Is a Disability? 34-3c Reasonable Accommodation 34-4 Defenses to Employment Discrimination 34-4a Business Necessity 34-4b Bona Fide Occupational Qualification 34-4c Seniority Systems 34-4d After-Acquired Evidence of Employee Misconduct 34-5 Affirmative Action 34-5a The Bakke Case 34-5b The Adarand Case 34-5c The Hopwood Case 34-5d Subsequent Court Decisions 34-6 State Laws Prohibiting Discrimination Chapter Recap Page 1 of 29 Print Chapter 2010-8-30 http://atext.aplia.com/controller/ChapterPrint.aspx?isbn=0324655223&mod=0&ch=34...
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Chapter Introduction Law Flix: Parenthood: Discrimination Law Out of the 1960s civil rights movement to end racial and other forms of discrimination grew a body of law protecting employees against discrimination in the workplace. This protective legislation further eroded the employment-at-will doctrine, which was discussed in Chapter 33. In the past several decades, judicial decisions, administrative agency actions, and legislation have restricted the ability of employers, as well as unions, to discriminate against workers on the basis of race, color, religion, national origin, gender, age, or disability. A class of persons defined by one or more of these criteria is known as a protected class . Several federal statutes prohibit employment discrimination against members of protected classes. The most important statute is Title VII of the Civil Rights Act of 1964. Title VII prohibits employment discrimination on the basis of race, color, religion, national origin, and gender. The Age Discrimination in Employment Act of 1967 and the Americans with Disabilities Act of 1990 prohibit discrimination on the basis of age and disability, respectively. The protections afforded under these laws extend to U.S. citizens who are working abroad for U.S. firms or for companies that are controlled by U.S. firms– unless to do so would violate the laws of the countries in which their workplaces are located. This "foreign laws exception" prevents employers from being subjected to conflicting laws. This chapter focuses on the kinds of discrimination prohibited by these federal statutes. Note, however, that discrimination against employees on the basis of any of the above-mentioned criteria may also violate state human rights statutes or other state laws prohibiting discrimination.
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