The Legal and Regulatory Environment of Business

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Unformatted text preview: Chapter 20 - Discrimination in Employment CHAPTER 20 DISCRIMINATION IN EMPLOYMENT I. LEARNING OBJECTIVES The purpose of this chapter is to introduce students to discrimination in employment law. Students should grasp that not only is intentional employment discrimination (disparate treatment) often illegal, but also that disparate impact discrimination is illegal when based on race, sex, color, religion, and national origin. Employment discrimination arising from age or disability can also violate the law. By the time they finish the chapter, students should also have an understanding of the steps necessary to prevent unfounded discrimination claims. II. REFERENCES Bernbach, Jeffery M., Job Discrimination II: How to Fight, How to Win . Voir Dire Press (1998). Epstein, Richard A., Forbidden Grounds: The Case Against Employment Discrimination Laws . Cambridge, Mass.: Harvard U. Press (1992). Friedman, Joel W., Employment Discrimination Stories . Foundation Press (2006). Fick, Barbara J., The American Bar Association Guide to Workplace Law . ABA (1997). Irving, John, ADA Update: EEOC Regulations Governing Employment Practices . Washington, D.C.: National Legal Center for the Public Interest (1992). Koral, Alan M., Conducting the Lawful Employment Interview . New York: Executive Enterprises Pub. Co. (1986). Lewis, Harold S., Employment Discrimination Law and Practice . (1991). Maguire, Daniel C., A Case for Affirmative Action . Dubuque, Iowa: Shepherd (1992). Player, Mack A., Federal Law of Employment Discrimination . 5th ed., West (2004). Salas, Eduardo, and Frank Landy, Employment Discrimination Litigation . Pfeiffer (2005). Steingold, Fred S., The Employer’s Legal Handbook , 5 th ed. Nolo Press (2003). Twomey, David P., Employment Discrimination Law , 5 th ed. (2001). 20-1 Chapter 20 - Discrimination in Employment III. TEACHING OUTLINE THE CIVIL RIGHTS ACT OF 1964 Emphasize to the students how far equality of opportunity, both in employment and elsewhere, has come since the founding of the United States. Underscore that the most important law supporting equal opportunity is the Civil Rights Act of 1964, as amended. 1. General Provisions A. Emphasize : (1) That Title VII of the Civil Rights Act applies to employers with 15 or more employees, labor unions, and certain others listed in Table 16-1. Title VII prohibits job discrimination against employees, job applicants, or union members based on race, color, religion, sex, or national origin. (2) The types of employer action in which discrimination is prohibited. Develop the concept of bona fide occupational qualifications (BFOQ). (3) How Title VII applies to employment agencies. (4) That Title VII exemptions exist with respect to laws creating preference for veterans and to hiring based on professionally developed ability tests that are not designed or intended to be used to discriminate. The tests, however, must show a relationship to the job for which they are administered....
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Chap020 - Chapter 20 Discrimination in Employment CHAPTER 20 DISCRIMINATION IN EMPLOYMENT I LEARNING OBJECTIVES The purpose of this chapter is to

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