Employment Discrimination - Chapter 29

Unjustified Discrimination

  • 1. A ______hires ______because he thinks they are better employees
  • 2. A ______hires ______because she thinks women are usually discriminated against
  • 3. An employer hires only women who are past ______
  • 4. An employer hires people ______

Unjustified Discrimination

  • Discrimination is ______of individuals.
  • ______, color, ______, national origin, or ______
  • Justified Discrimination: ______. Favorable treatment of employee because fairly judged as dependable, skilled, creative smart, hard worker. May earn more $$ and job opportunities

Unjustified Discrimination

  • Unjustified Discrimination: identifies group characteristics that ______when making employment decisions.
  • These people are labeled as ______(usually minorities)

Protected Classes

  • ______: (all who are not white)
  • Gender: (males/females)
  • ______(childbearing conditions)
  • Age: (over the age 40)
  • ______: (this includes any religion)
  • Disability: (physically and mentally)
  • ______: (country)

Unjustified Discrimination

  • It is illegal to discriminate in any “term, condition, or privilege of employment”
  • Pay, ______, ______, overtime, educational opportunities, ______, firings, layoffs, etc.
  • Employers with ______employees, engaged in interstate commerce, are ______.

How Can Unequal Treatment be Proved?

  • Unequal Treatment (Disparate treatment): employers treat members of a protected class less favorable than others.
  • To be unequal, ______
  • Direct Evidence: ______
  • Company Policy, Advertisement, Flyers

•No Irish

•______

•Women not accepted

How Can Unequal Treatment be Proved?

  • Indirect Evidence: ______to discriminate
  • Employee must show:

•1. They are member of a ______

•2. ______

•3. They were ______

•4. Employer held ______with similar qualifications

How Can Unequal Treatment be Proved?

  • Employer’s Defense to Discrimination:
  • Business Necessity: employer’s actions were meant to ______

•Defense is that employee’s ______was reason for not hiring (job-relatedness)

How Can Unequal Treatment be Proved?

  • Employer’s Defense to Discrimination:
  • ______(BFOQ)

•A job requirement that ______against a protected class

______. (Males/Females for certain roles)

•To be Bona Fide, the discrimination must ______to the business

Female Flight Attendants…not necessary

How Can Unequal Treatment be Proved?

  • Employer’s Defenses to Discrimination:
  • Seniority

•Rewards employees ______of employment rather ______and not intended to discriminate.

Unions may pay based on seniority, or lay employees off

  • Pretexts

•______

Hiring a male over female because job entails travel and female has 3 children, making it hard for her to travel. Female must prove males were hired with children.

What is Disparate Impact?

  • Policy eliminates more ______than members of ______
  • To win a suit, employee need not prove discrimination BUT ______and show statistically that the practice excludes a protected class.
  • Businesses may use the defense of ______
  • Employee must prove ______for job when challenging employment practice used
  • 1. ______: those qualified for job
  • 2. ______: persons in the workforce

Sexual Harassment

  • Takes two forms:
  • ______:

•Means one thing is ______

Ex: boss threatens to fire employee unless sexual favors are done

  • ______

•Unwelcome ______, ______, or ______interfere with an employee’s ability to work

  • Shayla’s boss knew about the harassment – therefore the trucking firm ______

Legislation Prohibiting Discrimination

  • Civil Rights Act of 1964
  • ______

•(EEOC) – has the authority to ______of job discrimination and ______

  • ______

•If an employer has discriminated, the courts may mandate

______aimed at offsetting past discrimination

Five Acts

  • ______of 1964
  • ______of 1963
  • Wage discrimination
  • ______of 1967
  • ______of 1990
  • ______

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