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Legal Studies chapter 22

by: Paget Kern

Legal Studies chapter 22 LGS 200

Paget Kern

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Employment discrimination
Legal Studies Honors/ Legal Environment of Business
Mr. Brian Turner
Class Notes
LGS200, Legal Studies
25 ?




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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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