What are the main theories of workplace discrimination

What are the main theories of workplace discrimination - a...

Info iconThis preview shows pages 1–2. Sign up to view the full content.

View Full Document Right Arrow Icon
a. What are the main theories of workplace discrimination? Reading: McDonnell Douglas v. Green (1973) (on blackboard) At will employment vs. govt – intervention on behalf of employees – statutory Disparate impact vs disparate treatment Title 7 vii – the coverage covers 15 employees, Employers , labor orgs and employer agencies. employees not independent contractors Protection: prohibits employment discrimination cuz of race, color, religion, sex or national origin. What is discrimination? – no statutory definition. - Section 703a1- can’t discriminate against ppl cuz of compensation, terms and conditions and privledges plus the protection reasons. - Section 704a – Facts of the case: green applies for new mechanic job. Company didn’t rehire him cuz green says its due to raise, stallin- lockin that he began – company says its cuz of his civil rights activity – goes to eeoc. Illegal to protect cuz of civil rights issues in work place McDonnell Douglas was an aerospace company in St. Louis at the time of the lawsuit, but has since been acquired by Boeing . Percy Green was a black mechanic and laboratory technician laid off by McDonnell Douglas in 1964 during a reduction in force at the company. Green, a long-time activist in the civil rights movement , protested that his discharge was racially motivated. He and others used cars to block roads to McDonnell Douglas factories. On one occasion, someone used a chain to lock the front door of a McDonnell Douglas downtown business office, preventing employees from leaving, though it was not certain whether Green was responsible. Soon after the locked-door incident, McDonnell Douglas advertised for vacant mechanic positions, for which Green was qualified. Green was not hired, McDonnell Douglas citing his participation in blocking traffic and chaining the building. Green subsequently filed a complaint with the EEOC, sued in U.S. District Court , and later appealed the decision to the U.S. Court of Appeals for the Eighth Circuit before the Supreme Court agreed to hear the case. The Court wrote: 1. A complainant's right to bring suit under the Civil Rights Act of 1964 is not confined to charges as to which the EEOC has made a reasonable-cause finding, and the District Court's error in holding to the contrary was not harmless since the issues raised with respect to 703 (a) (1) were not identical to those with respect to 704 (a) and the dismissal of the former charge may have prejudiced respondent's efforts at trial. 2. In a private, non-class-action complaint under Title VII charging racial employment discrimination, the complainant has the burden of establishing a prima facie case, which he can satisfy by showing that (i) he belongs to a racial minority; (ii) he applied and was qualified for a job the employer was trying to fill; (iii) though qualified, he was rejected; and (iv) thereafter the employer continued to seek applicants with complainant's qualifications. 3. Here, the Court of Appeals, though correctly holding that respondent proved a prima facie case, erred
Background image of page 1

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full DocumentRight Arrow Icon
Image of page 2
This is the end of the preview. Sign up to access the rest of the document.

This note was uploaded on 12/14/2011 for the course ILR 2010 taught by Professor Griffith during the Spring '11 term at Cornell.

Page1 / 6

What are the main theories of workplace discrimination - a...

This preview shows document pages 1 - 2. Sign up to view the full document.

View Full Document Right Arrow Icon
Ask a homework question - tutors are online