Presentation BLC Part 2

8/3/2019 Presentation BLC Part 2

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Group 2Chapter 43: Employment

Discrimination


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When may an employee be legally fired?What are the federal laws governingemployment situations?What are the legal requirements for acharge of sex discrimination?What is the difference betweendiscrimination based on disparatetreatment and discrimination based ondisparate impact?


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When may an employee be legallyfired?

When violation is against a state statue, stateconstitution, public policy, a contract

between an employee and employer.


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What are the federal laws governingemployment situations?

It is Civil Rights legislation.Employees cannot be fired, delayed in

promotion or poorly paid for


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What are the legal requirements for acharge of sex discrimination?

It is constituted by discriminationon the basic of pregnancy,childbirth, related medicalconditions.It is constituted through lower pay,lower bonus, fewer promotion

opportunities for femaleemployees in comparison withmale employees.


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It is usually difficult tomeet the legalrequirements for acharge of sexdiscrimination.


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What is the difference between discriminationbased on disparate treatment and discrimination

based on disparate impact? It is a type of discrimination relating to suchmatters as recruitment, termination,

promotion denial, This is a form of intentional discriminationcausing damage or disadvantages forpeople in the class protected by laws


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What are the legal requirements for a

charge of sexual harassment?-Protected under Title VII of the Civil Rights Act of 1964against workplace sexual harassment

-Sexual harassment stated in The Equal EmploymentOpportunity Commission (EEOC) is the agency of thefederal government responsible for investigating charges of

job discrimination related to sex discrimination such asunwelcome sexual advances, requests for sexual favors,and other verbal or physical conduct of a sexual nature


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2 forms of sexualharassment

-Quid Pro Quo Harassment - An employee isrequired to tolerate sexual harassment in order toobtain or keep a job, job benefit, raise, or promotion.-Hostile Work Environment Harassment : todetermine whether an employers conduct has createda hostile work environment


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What are the Title VII?

Portion of the Civil Rights Act of 1964Protect an individual from employment discrimination

on the basis of race, color, religion, sex, or national

origin.Prohibit employers from hiring, refusing to hire, firing orlaying off an individual due to his/her race, color,religion, sex, or national origin.


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What are the employers defense to acharge under Title VII?

Three defenses:

The bona fide occupational qualificationMeritSeniority system defense


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The bona fide occupationalqualification

Allow an employer to discriminate in hiring on the basisof sex, religion when doing so is necessary for theperformance of the job

Necessity must be based on actual qualifications, notstereotypes about one groups abilities


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Merit

Raised when hiring or promotion decisions are partiallybased on test score.Test must be validated in accordance with standards

established by the American Psychological Association


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Seniority system defense

In whichs employees are given prferential treatmentbased on their length of service, may perpetuate pastdiscrimination


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What are the legal requirements for a

charge of age discrimination? _ The Age discrimination in Employment Actof 1967-It was enacted to prohibit employers fromrefusing to hire , discharging, or discriminatingin term and conditions of employment against

employees or applicants age 40 or older


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Proving Age Discrimination under

ADEA- The plaintiff must establish facts sufficient to create areasonable inference that age was a determining factor in the

termination.-The plaintiff need not prove replacement by someoneoutside the protected class.


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What is the Equal Pay Act?May employers discriminate against

smokers?What are the legal requirements for acharge of pregnancy discrimination?


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The Equal Pay ActThe Equal Pay Act of 1963 is a UnitedStates federal law amending the Fair Labor

Standards Act , aimed at abolishing wage disparity based on sex. It was signed intolaw on June 10, 1963 by John F. Kennedy as part of his New Frontier Program.
http://en.wikipedia.org/wiki/United_States_federal_lawhttp://en.wikipedia.org/wiki/United_States_federal_lawhttp://en.wikipedia.org/wiki/Fair_Labor_Standards_Acthttp://en.wikipedia.org/wiki/Fair_Labor_Standards_Acthttp://en.wikipedia.org/wiki/Wagehttp://en.wikipedia.org/wiki/John_F._Kennedyhttp://en.wikipedia.org/wiki/New_Frontierhttp://en.wikipedia.org/wiki/New_Frontierhttp://en.wikipedia.org/wiki/John_F._Kennedyhttp://en.wikipedia.org/wiki/Wagehttp://en.wikipedia.org/wiki/Fair_Labor_Standards_Acthttp://en.wikipedia.org/wiki/Fair_Labor_Standards_Acthttp://en.wikipedia.org/wiki/United_States_federal_lawhttp://en.wikipedia.org/wiki/United_States_federal_law


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In passing the bill , Congress denounces sexdiscrimination for the following reasons:

It depresses wages and living standards foremployees necessary for their health and efficiencyIt prevents the maximum utilization of the availablelabor resources It tends to cause labor disputes, thereby burdening,affecting, and obstructing commerce It burdens commerce and the free flow of goods incommerceIt constitutes an unfair method of competition
http://en.wikipedia.org/wiki/Bill_(proposed_law)http://en.wikipedia.org/wiki/U.S._Congresshttp://en.wikipedia.org/wiki/Sex_discriminationhttp://en.wikipedia.org/wiki/Sex_discriminationhttp://en.wikipedia.org/wiki/Living_standardhttp://en.wikipedia.org/wiki/Employeehttp://en.wikipedia.org/wiki/Labor_forcehttp://en.wikipedia.org/wiki/Commercehttp://en.wikipedia.org/wiki/Commercehttp://en.wikipedia.org/wiki/Labor_forcehttp://en.wikipedia.org/wiki/Employeehttp://en.wikipedia.org/wiki/Living_standardhttp://en.wikipedia.org/wiki/Sex_discriminationhttp://en.wikipedia.org/wiki/Sex_discriminationhttp://en.wikipedia.org/wiki/U.S._Congresshttp://en.wikipedia.org/wiki/Bill_(proposed_law)


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Equal Pay Act 1970

An Act of the United Kingdom Parliament whichprohibits any less favourable treatment between men and women in terms of pay and conditions ofemployment. It was passed by Parliament in theaftermath of the 1968 Ford sewing machinists strike and came into force on 29 December 1975The act has been criticized as it fails to address thegap between ethnic minorities (Black and Asian) andwhite workers. The gap between ethnic minorities andwhite workers is much higher than that of men andwomen.
http://en.wikipedia.org/wiki/United_Kingdom_Parliamenthttp://en.wikipedia.org/wiki/Menhttp://en.wikipedia.org/wiki/Womenhttp://en.wikipedia.org/wiki/Ford_sewing_machinists_strike_of_1968http://en.wikipedia.org/wiki/Ford_sewing_machinists_strike_of_1968http://en.wikipedia.org/wiki/Womenhttp://en.wikipedia.org/wiki/Menhttp://en.wikipedia.org/wiki/United_Kingdom_Parliament


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May employers discriminateagainst smokers?

Under Michigan law, an employer can haveboth a smoke-free workplace and a

workplace free ofsmokers

. (Even thoughsmoking is a legal activity, and even if thesmoking is done exclusively during off-dutyhours.)


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Federal law prohibits employers from discriminatingagainst any individual in hiring because of thatindividuals race, color, religion, sex, national origin,citizenship status, age, and disability.State law also prohibits discrimination in hiring basedon age, height, weight, or marital status, in addition torace, color, religion, sex (which includes pregnancy),national origin, and on the basis of employee


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Most employers, however, dont discriminateon the basis of smoking. Rather, they

prohibit smoking in the workplace, includingcompany vehicles, in order to provide a safeand healthful work environment foreveryone, but allow smoking in certaindesignated, outside areas and away fromthe company building.


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Pregnancy Discrimination

Pregnancy discrimination involves treatinga woman (an applicant or employee)

unfavorably because of pregnancy,childbirth, or a medical condition related topregnancy or childbirth.


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Presentation BLC Part 2

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