Sexual harassment unwelcome sexual advances requests for sexual favors and

Sexual harassment unwelcome sexual advances requests

This preview shows page 65 - 68 out of 70 pages.

Sexual harassment : unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature that makes submission a condition of employment or a factor in employment decisions or that creates an intimidating, hostile, or offensive work environment. The 2 types are hostile environment and quid pro quo. Quid pro quo: supervisor makes a sexual demand for something else 1998 -> same sex harassment: Oncale v. Sundowner Offshore Services, Inc . the Supreme Court concluded that same sex harassment is actionable under Title VII. In 1987 Title VII was amended by the Pregnancy Discrimination Act (PDA). Defenses: Bona fida occupational qualification (BFOQ) allows an employer to discriminate in hiring on the basis of sex, religion, or national origin (not race or color), when doing so I necessary for the performance of the job.
Image of page 65
The merit defense case is used when hiring or promotion decisions are partially based on test scores. Tests must be validated in accordance with standards established by the American Psychological Association. 3 types of validation are acceptable: 1. Criterion related validity statistical relationship between test scores and job criteria 2. Content validity isolates some skill used on the job and directly tests that skill 3. Construct validity a psychological trait needed to perform the job is measured. Punitive damages are capped at $300,000 for employers of more than 500 employees, $100,000 for firms with 101 to 200 employees, and $50,000 for firms with 100 or fewer employees. Filing a claim under Title VII: - File a charge with the state Equal Opportunity Commission or the federal EEOC. Must be filed within 180 days of the alleged discriminatory act - Within 10 days, the EEOC must notify the alleged violator of the charge, and investigates the matter. - The EEOC may decide to sue or not sue, and notifies the plaintiff. Issues the plaintiff a right to sue letter. Age Discrimination in Employment Act (ADEA) of 1967 : federal law that prohibits employers from refusing to hire, discharging, or discriminating in terms and conditions or employment on the basis of an employee of applicant being age 40 or older. Americans with Disabilities Act (ADA) : preventing employers from discriminating against employees and applicants with disabilities. Remedies include reinstatement, back pay, and injunctive relief. Intentional discrimination remedies include compensatory and punitive damages. To bring a successful claim under ADA, the plaintiff must show that: - They had a disability - Was otherwise qualified for the job - Suffered an adverse employment decision because of that disability.
Image of page 66
Equal Pay Act (EPA) or 1963 : federal law that prohibits an employer from paying workers of one gender less than the wages paid to employees of the opposite gender for work that requires equal skill, effort, and responsibility.
Image of page 67
Image of page 68

You've reached the end of your free preview.

Want to read all 70 pages?

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern

Stuck? We have tutors online 24/7 who can help you get unstuck.
A+ icon
Ask Expert Tutors You can ask You can ask You can ask (will expire )
Answers in as fast as 15 minutes