Transcript Sex Discrimination at Work

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Sex discrimination at work covered under
Equal Pay Act 1963 (amended FLSA 1938)
 Executive Order 11375
 Title VII of Civil Rights Act 1964, as amended by
Pregnancy Discrimination Act, 1978 and Civil Rights
Act, 1991
 Lilly Ledbetter Fair Pay Act of 2009
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The Lilly Ledbetter Fair Pay Act of 2009 is an Act of Congress
enacted by the 111th United States Congress and signed into law
by President Barack Obama on January 29, 2009.
The bill amends the Civil Rights Act of 1964 stating that the 180day statute of limitations for filing an equal-pay lawsuit
regarding pay discrimination resets with each new
discriminatory paycheck.
The law was a direct answer to the Ledbetter v. Goodyear Tire &
Rubber Co., 550 U.S. 618 (2007), a U.S. Supreme Court decision
holding that the statute of limitations for presenting an equalpay lawsuit begins at the date the pay was agreed upon, not at
the date of the most recent paycheck, as a lower court had ruled
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Early cases
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Diaz v Pan Am 1971 - gender was not a legitimate
“BFOQ” bona fide occupational qualification for
work of flight attendant
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Dothard v Rawlinson 1977 - gender was a BFOQ in
prison setting - not hiring women for guards in all
male prison was reasonable
EEOC defines sexual harassment as …
unwelcome sexual advances, requests for sexual favors, and
other verbal or physical conduct of a sexual nature when
(1) submission to such conduct is made either explicitly or
implicitly a term or condition of an individual's employment;
(2) submission to or rejection of such conduct by an individual is
used as the basis for employment decisions affecting such
individual; or
(3) such conduct has the purpose or effect of unreasonably
interfering with an individual's work performance or creating an
intimidating, hostile, or offensive working environment.
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Early Case
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Barnes v Costle 1977 – first time sexual harassment
defined as illegal sex discrimination – quid pro quo
form
http://findarticles.com/p/articles/mi_qa3757/is_200001/ai_n8892390/pg_9
Meritor Savings Bank v Vinson 1986 –
harassing work environment focused on sex
was also illegal
http://en.wikipedia.org/wiki/Meritor_Savings_Bank_v._Vinson
Harris v. Forklift Systems 1993 –
the behavior must be severe or pervasive enough to
create a hostile environment and be objectively
offensive (from the perspective of a reasonable
person) …
and that the work environment does not have to rise
to the level of seriously affecting an employee's
psychological well being to comprise a hostile
work environment
Jenson v. Eveleth Taconite (D. Minn. 1991) – sex
harassment could be pursued as class action, and
defendant queries into plaintiffs backgrounds
need be limited
This is the case that was the basis for the movie,
“North Country”
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More recent case
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Johnson Controls v UAW 1991 – the employer could
not ban 'fertile women' from jobs involving exposure
to lead, while denying male leave of absence from
such work
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Instead, an “informed consent” standard holds
Oncale v. Sundowner 1998 – same-sex
harassment was illegal
http://www.sexualharassmentsupport.org/OncaleVsSundowner.html
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Hooters “profile” of successful server
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Cases are settled, not left for court decision
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Practices persist
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What employer should do …
Have clear, written, understood policy against
discrimination on sex (and race, etc.)
 Take complaints seriously
 Investigate carefully
 Take action when needed
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