She claims gender discrimination Disparaging remarks at work A masculine

She claims gender discrimination disparaging remarks

This preview shows page 37 - 48 out of 67 pages.

She claims gender discrimination Disparaging remarks at work A masculine culture Told to be more feminine (wear jewelry, etc) Written evidence of gender related comments The courts held that the plaintiff be made a partner of the firm
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Harassment Faragher v. City of Boca Raton (1998) (City Pool and Lifeguard) Faragher claimed that her supervisors (two men) had created a “sexually hostile atmosphere” including: uninvited touching, grabbing of buttocks, sexual gestures, as well as comments requesting sexual relations between female and male lifeguards. One of her supervisors once said “date me or clean the toilets for a year” Can she sue the City because of the behavior of the supervisors? The Supreme Court held that the city is vicariously liable for sexual harassment by supervisors.
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Age Discrimination in Employment Act of 1967 Protected Classes Individuals age 40 and above No upper limit Exemption: Mandatory retirement age is allowed for Bona fide executives or high policy-making employees with annual retirement benefits of $44,000 or higher Police & firefighters according to State law Elected or appointed officials at policy-making level
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Americans with Disabilities of 1990 Qualified individual with a disability Disability Current physical or mental impairment that substantially limits a major life activity A record of such impairment Being regarded as having such an impairment Being Qualified Possess KSAs to perform essential job functions Can perform all essential duties with or without accommodation
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Statutory Exemptions Transvestitism Transsexualism Pedophilia Exhibitionism Voyeurism Gender identity disorders not resulting from physical impairments Other sexual impairments Other sexual behavior disorders Compulsive gambling Kleptomania Pyromania Psychoactive substance use disorders resulting from current illegal use of drugs
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Employment Practices Non-Discrimination Reasonable Accommodation No Medical or Psychiatric Exams Before Conditional Job Offer No Pre-Employment Questions About Disability Exemptions: Pre-employment drug tests Tests of agility or fitness
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Voluntary Self-Identification OFCCP requires federal contractors to collect and analyze disability status among employees and applicants Strictly voluntary – may not compel disclosure For applicants, must use separate form Conduct utilization analysis % workforce with disability Goal = 7% Preferential treatment in hiring disabled workers is not required, but also not illegal
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Reasonable Accommodation Employee must notify employer of disability and request accommodation Both employer and employee must flexibly interact What is Unreasonable? Undue Hardship Financial Work Efficiency Administrative Burden Direct threat to safety of self or others
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Privacy and Employee Surveillance
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Outline I. Overview II. Current Legal Protection III. Best Practices
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Employment Privacy All employees have basic rights in the workplace—including privacy
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  • Spring '14
  • BradfordJ.Williams
  • Discrimination, The Court, Exemplar Case Law

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