When an employer discriminates although motives are

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when an employer discriminates although motives are not obvious (non-overt discrimination) (a.i.1) Adverse Impact or Disparate Impact – when an employee claims unequal negative treatment of groups (tests, weight requirements, etc.) (a.i.2) Pervasive Pattern of discrimination – inferred through statistics – Example: a city has a population of 70% blacks and only 5% work for this company, (a.i.3) Quotas – policies that require employers to hire or promote from within certain groups (a.i.3.a) Rare due to recent “reverse discrimination” (a.i.4) Affirmative Action – aggressively recruiting a diverse applicant pool (a.i.5) U of California vs Bakke – most famous Supreme Court decisions regarding affirmative action (a.i.6) City of Richmond vs. Croson – 30% of city funds went to Black owned firms, was challenged, must be subject to strict scrutiny 167) Sexual Harassment 2 types a) Quid pro quo – “this for that” if you do this for me I will give you a raise b) Work Environmental – unwelcomed sexual harassment b.i)Harris vs. Forklift Systems, Inc. (b.i.1) Job performance does not have to suffer to win sexual harassment case (b.i.2) Work environment does not need to be severe, just reasonably perceived as hostile or abusive “reasonableness “standard 168) EEOC – Equal Opportunities Commission – enforces the following: a) Title VII Civil Rights Act b) Equal Pay Act – amendment to the FLSA Fair Labor Standards Act b.i)Makes it unlawful to discriminate based on sex, equal pay for equal work for men and women doing same job b.ii) Comparable Worth – is under consideration - involves jobs which are essentially the same c) Coordinates all federal employment regulations, practices and policies
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BUSINESS LAW - CLEP 169) Fair Labor Standard Act of 1938 – FLSA – provides for a minimum wage and overtime, child labor a) Time and one half for overtime b) Forbids employment of children less than 14 yrs old c) Restricts employee of children 14-17 yrs old c.i) 14-15 yr olds can only work non-school hrs in nonhazardous positions c.ii) Under 18 cannot work in hazardous positions d) Enforced by U.S. Department of Labor d.i)Secretary of labor - has the power to sue for back wages, civil penalty and injunctions 170) Whistleblower Laws – protect people from retaliation who report illegal conduct by a co-worker, employer, or other person or company 171) National Labor Relations Act (NLRA) – aka Wagner Act – the right to collective bargain a) The right to organize b) Right to unionization c) to bargain with employer 172) Unemployment compensation – all private employers are required to participate a) Exists at State level – state insurance system a.i) Workers must have lost job due to no fault of their own a.ii) Have worked a minimum number of hours OR certain dollar amount b) Employers contribute to Unemployment TAX 173) Workers Adjustment and Retraining Notification Act of 1989 – WARN - requires companies with more than 100 employees to provide notice 60 days in advance of layoff 174) Social Security Act of 1935
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