Legal Studies chapter 22
Legal Studies chapter 22 LGS 200
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This 4 page Class Notes was uploaded by Paget Kern on Sunday April 17, 2016. The Class Notes belongs to LGS 200 at University of Alabama - Tuscaloosa taught by Mr. Brian Turner in Winter 2016. Since its upload, it has received 6 views. For similar materials see Legal Studies Honors/ Legal Environment of Business in Business at University of Alabama - Tuscaloosa.
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Date Created: 04/17/16
Chapter 21 employment relationships cont. Affordable healthcare act: Obamacare, 50 or more employees are required to offer health insurance benefits Electronic monitoring: if employer wants authority to look at your electronics, they need to let you know Chapter 22 Employment discrimination Title VII of the Civil Rights act of 1964 o Prohibits discrimination in employment on race, sex color, religion, and national origin o Doesn’t include age or sexuality or disability o Applies to employers with 15 plus employees involved with interstate commerce Less than 15, still probably will get in trouble o EEOC: if you feel you have been discriminated, first thing have to do is file a claim with EEOC Take your claim and conduct an investigation… 3 options Yes discrimination, will settle and compensate EEOC can file lawsuit on behalf employee No discrimination or sufficient evidence, issue right to sue letter to give to employee o Limits on Class Actions Tons of plaintiffs with same claims Contingency fee basis o Intentional Discrimination Disparate Treatment One person is discriminated against Prove you are a member of a protected class Applied and qualified for a job Rejected by employer Employer sought other applicants o Unintentional Discrimination Disparate Impact A group is discriminated against Can have a neutral policy on face, but discriminatory deep down Discriminating by height… technically against women Pool of applicants Test: percentage of protected class in workforce does not reflect percentage locally Rate of hiring o Discrimination based on race, color, and national origin Illegal unless you have a substantial reason Reverse discrimination also protected Can claim under EEOC and/or 1981 claim, discriminated on contractual relationship o Discrimination on religion Must reasonably accommodate the sincerely held practices of employees unless it could cause undue hardship to business o Discrimination Based on Gender Unless gender is essential to the job Pregnancy discrimination: cannot be excluded because you’re pregnant or have an ailment due to pregnancy Wage discrimination: Lilly Ledbetter Fair Pay Act, 180 days to file claim after you get a paycheck o Constructive Discharge Employer makes conditions to be intolerable that a reasonable person would feel compelled to quit, prove that it was because of discrimination Resignation must be foreseeable due to the conditions Need evidence that you tried to make employer aware of the conditions o Sexual Harassment Quid pro quo: demand of sexual favors in return for opportunities or benefits Hostile work environment: workplace is abusive because of constant unwanted attention from others, cannot be welcoming Supervisor must take a tangible employment action, cannot take away opportunities or benefits or job because of rejection of their attention Must report sexual harassment to employer Ellerth/Faragher affirmative defense Employer must have taken reasonable care to prevent and correct sexual harassment Plaintiff didn’t follow the policy, they employer can avoid liability Has to prove both of the elements Ellerth Retaliation by employers Employee goes to supervisor and fired for reporting sexual harassment, employer faces liability Harassment by coworkers Tell supervisor, sufficient and employer can be liable if it doesn’t stop Harassment by non-employees, if someone is told but no action is taken, then the office is liable to the employee Same Gender Harassment Oncale v. sundowner offshore services Sexual orientation Does no prohibit discrimination based on orientation Look to state law Online Harassment Hostile work environment using company chat, blogs, emails, etc Avoid with prompt and remedial action to avoid liability Remedies Reinstatement: if fired, get job or same position back Back pay: paid for time you were gone/fired Retroactive promotions Damages: actual damages incurred, mental anguish/pain and suffering, punitive Discrimination Based on Age ADEA o Protects individual over 40 from discrimination from workplaces that favor younger workers o Do not have to go through EEOC o Procedures Must show discrimination was THE reason for the rejection Prove over 40, qualified, and discrimination because of age o Replacing older workers with younger workings Bigger the age gap, the more likely the bias o State employees not covers by ADEA Discrimination based on disability o ADA requires employers to offer accommodations so people with disabilities to be able to work o Go through EEOC for title 7 and ADA o Qualify Have a disability, qualified, discriminated because of disability o What is a disability? Physical or mental impairment that limits Record of such impairments Regarded as having such an impairment regard someone as having a disability even if they have a way to work around it Ex. Bipolar? But takes medicine Next to blind? Wears glasses o Reasonable Accommodation If employee can perform the job without hardship no the employer, the accommodation must be made Ex. Can’t buy a parking lot, but can borrow a spot Job applications and physical exams When posting a job opening, make modification to application so that people with disabilities can apply Must give physical exams to everyone Substance abusers Former drug addict must have had gone to rehab and enrolled in narcotics anonymous Not available for current drug users who have not gone through the programs Alcoholics can be fired if they pose a substantial risk Health insurance plans Equal health insurance access, have to give the same policy Four basic defenses Business necessity o A job qualification is reasonably necessary to conduct the business BFOQ o Specific skill is necessary to perform o Ex. Must be female to work in locker room o Ex. Airline pilot age limits Seniority systems o Ex. Two people up for same promotion, but one has seniority and gets the promotion o Not an absolute defense, if you can prove its actually otherwise After Acquired evidence o Misconduct from employee discovered in a fact check o Still discriminated? But liability lessons because they lied to you o Mediates damages Affirmative Action o “Make up” past patterns of discrimination by giving preferential treatment to a protected class o A choice for company or programs o Constitutionality of AA programs th May violate 14 amendment Constitutional only if attempts to remedy past discrimination and does not use of quotas or preferences o Affirmative Action in Schools Fisher vs. University of Texas
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