Chapter 33 Nondiscrimination

Chapter 33 Nondiscrimination Equal Opportunity in Employment - ️ The rights of all employees and job applicants (1) to be treated without discrimination and (2) to be able to sue employers if they are discriminated against. Equal Employment Opportunity Commission (EEOC) - ️ The federal administrative agency responsible for enforcing most federal antidiscrimination laws. - Members are appointed by the US president. - Empowered to conduct investigations, interpret statutes, encourage conciliation between employees and employers, and bring suits to enforce the law. - Can seek injunctive relief. - Jurisdiction includes discrimination based on: race, color, national origin, gender, religion, age, disability, and genetic information. Complaint Process - ️ Initial Steps: - If a person believes they have been discriminated against in the workplace, they cannot immediately file a lawsuit against the employer. - The complainant must first file a complaint with the EEOC. - The EEOC often requests mediation to resolve disputes. - If mediation fails, the EEOC investigates the charge. - ️ EEOC Findings: - If a violation is found, the EEOC decides whether to sue the employer. - If the EEOC sues, it represents the complainant, who cannot then sue the employer. - If no violation is found or no suit is filed, the EEOC issues a right to sue letter to the complainant. - ️ FEPA (Fair Employment Practices Agency): - Complaints may also be filed with a state’s FEPA if: - State law provides additional protections not covered by federal laws. - The FEPA has a longer filing deadline. - The FEPA's process is similar to the EEOC's. Right to Sue Letter - ️ A letter issued by the EEOC if it chooses not to bring an action against an employer. - Authorizes a complainant to sue the employer for employment discrimination. Lilly Ledbetter Fair Pay Act of 2009 - ️ Allows a complainant to file an employment discrimination claim against an employer within 180 days of the most recent paycheck violation. - Enables recovery of back pay for up to 2 years preceding the claim if similar violations occurred during that period. Civil Rights Act - ️ Historical law prohibiting discrimination based on race, color, national origin, gender, and religion in various areas, including employment. - Cover public accommodations, state and municipal facilities, government agencies receiving federal funds, and employment. Title VII of the Civil Rights Act of 1964 - ️ A provision aimed at eliminating job discrimination based on five protected classes: race, color, religion, sex, and national origin. - Applies to: - Employers with 15 or more employees. - All employment agencies. - Labor unions with 15 or more members. - State and local governments and their agencies. - Most federal government employment. - Exclusions: Native American tribes and tax-exempt private clubs. - ️ Prohibits discrimination in: - Hiring, promotion or demotion, compensation, fringe benefits, job training, apprenticeship opportunities, employment referral systems, dismissal decisions, work rules, and any other "term, condition, or privilege" of employment. - Any employee of a covered employer, including undocumented aliens, may file actions for employment discrimination under Title VII. - ️ Coverage includes US citizens employed by US-controlled companies overseas; excludes foreign nationals employed in foreign countries by US-controlled companies. Concept Summary on page 555 The two major forms of employment discrimination that Title VII prohibits ️Disparate-treatment discrimination and disparate-impact discrimination Disparate-Treatment Discrimination ️A form of discrimination that occurs when an employer discriminates against a specific individual and treats them less favorably than others because of his or her race, color, national origin, sex, or religion. The complainant must prove that (1) he or she is a member of a Title VII protected class, (2) he or she applied for and was qualified for the employment position, (3) he or she was rejected despite this, and (4) the employer kept the position open and sought application from persons with the complainant's qualifications. The minority applicant has a prima facie case of illegal discrimination. The burden of proof shifts to the employer to prove a nondiscriminatory reason for its decision. If the employer offers a reason, such as saying that the minority applicant lacked sufficient experience, the burden shifts back to the minority applicant to prove that this was just a pretext (not the real reason) for the employer's decision. Disparate-Impact Discrimination ️A form of discrimination that occurs when an employer discriminates against a protected class. An example if discrimination in which a racially neutral employment practice or rule (applicants must be at least 5 feet 8 inches tall) causes an adverse impact on a protected class (less females are hired for position). Many disparate-impact cases are brought as class action lawsuits. This type of discrimination is often proven through statistical data about an employer's employment practices. The plaintiff must demonstrate a casual link between the challenged practice and the statistical imbalance. Showing a