Illegal and Legal Illegal and Legal Employment DiscriminationEmployment Discrimination

Business LawBusiness LawMrs. AMrs. A

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TYPES OF UNJUSTIFIED TYPES OF UNJUSTIFIED DISCRIMINATIONDISCRIMINATION

Race and colorGenderPregnancyAgeReligionDisabilityNational origin

THE SCOPE OF THE SCOPE OF PROTECTIONPROTECTIONConditions of employment:

Can’t discriminate in any aspect of the job; hiring, pay, promotion, training, etc…

Organizations subject to these laws:◦ 15 or more employees◦ Engaged in interstate commerce

OF

HOW CAN UNEQUAL HOW CAN UNEQUAL TREATMENT BE PROVED?TREATMENT BE PROVED?

Direct and indirect evidenceEmployer’s general defense

1. Business necessity2. Defense of bona fide occupational

qualification (BFOQ)3. Defense of seniority

WHAT IS DISPARATE WHAT IS DISPARATE IMPACT?IMPACT?

The policy that eliminates more members of protected classes than members of the majority classes.

Employer defenses:◦Business necessity◦BFOQ

SEXUAL HARASSMENTSEXUAL HARASSMENT

Quid pro quo◦“Silence of the Lambs”

Hostile environment

LEGISLATION PROHIBITING LEGISLATION PROHIBITING DISCRIMINATIONDISCRIMINATION

1. The Civil Rights Act of 19642. Equal Pay Act of 19633. Age Discrimination in

Employment Act of 19674. Americans with Disabilities

Act 5. Pregnancy Discrimination

Act

Employee InjuriesEmployee Injuries

JOB SAFETYJOB SAFETY

Negligence SuitsWorkers’ Compensation

OSHA**Provides a place of employment free from hazards that are likely to cause death or serious physical harm.**

RECOVERING FROM THE RECOVERING FROM THE EMPLOYER FOR NEGLIGENCEEMPLOYER FOR NEGLIGENCE

Employer fails to provide workers’ comp insurance

Employee coverage not requiredInjury not covered by workers’

compensationEmployer commits an intentional tort

INJURIES COVEREDINJURIES COVEREDScope of employmentRisks of employmentWorkers’ Compensation or

negligence

WHO IS NOT COVERED?WHO IS NOT COVERED?

Few workers (3 or less) or casual workers

Independent contractorsOther systems of coverage

(State and Federal employees governed by special statutes.)