Transcript Gender Equity

Gender Equity
Introduction
Introduction
to Title VII
Regulations
Title VII
Regulations
This lesson covers
the rules and
regulations
regarding equal
employment
opportunities for all.
Federal Laws Prohibiting
Job Discrimination
It is important to review what was happening before 1964 to
appreciate the enactment of federal laws that prohibit
discrimination.
Before Federal Prohibiting
Before
Title VII
Discrimination
•Employment and
income could be
based on race,
gender, religion,
color, national origin,
disability, and or age
Before Title VII
Most often
separate was
not equal.
Before Federal Prohibiting
Discrimination
Racial segregation
occurred in:
•Schools
•Restaurants
•Hotels
•Housing
•Hospitals
•Transportation
•Military
Before Title VII
It was because leaders
such as Rosa Parks,
Martin Luther King Jr.,
President John F
Kennedy, President
Lyndon B Johnson, and
countless nonviolent
activists civil rights
became law.
Title VII (1964)
However it happened in spite of strong opposition. An Example
of such is as follows:
The word "sex" was added to the Civil Fight Act of 1964 at the
last moment. According to the West Encyclopedia of American
Law, Representative Howard W. Smith (D -VA) added the word.
His critics argued that Smith, a conservative Southern
opponent of federal civil rights, did so to kill the entire bill.
Smith, however, argued that he had amended the bill in
keeping with his support of Alice Paul and the National
Women's Party with whom he had been working.
Title VII (1964)
Martha W. Griffiths (D-MI) led the effort to keep the
word "sex" in the bill. In the final legislation,
Section 703 (a) made it unlawful for an employer to
"fail or refuse to hire or to discharge any individual,
or otherwise to discriminate against any individual
with respect to his compensation, terms, conditions
or privileges or employment, because of such
individual's race, color, religion, sex, or national
origin.”
Discrimination
The final Law states:
It shall be an unlawful employment practice for an
employment agency to fail or refuse to refer for
employment, or otherwise to discriminate against,
any individual because of his race, color, religion,
sex, or national origin, or to classify or refer for
employment any individual on the basis of his race,
color, religion, sex, or national origin.
The Civil Rights Act of 1964 States:
To enforce the constitutional right to vote, to confer
jurisdiction upon the district courts of the United
States to provide injunctive relief against
discrimination in public accommodations, to
authorize the attorney General to institute suits to
protect constitutional rights in public facilities and
public education, to extend the Commission on Civil
Rights, to prevent discrimination in federally
assisted programs, to establish a Commission on
Equal Employment Opportunity, and for other
purposes.
It shall be an unlawful
employment practice for an
employer –
(1) to fail or refuse to hire or
to discharge any individual, or
otherwise to discriminate
against any individual with
respect to his compensation,
terms, conditions, or
privileges of employment,
because of such individual’s
race, color, religion, sex, or
national origin; or
Discrimination
Qualified Employee
It shall be an unlawful employment practice for an
employer –
2) to limit, segregate, or classify his employees or
applicants for employment in any way which would
deprive or tend to deprive any individual of
employment opportunities or otherwise adversely
affect his status as an employee, because of such
individual’s race, color, religion, sex, or national origin.
Training
It shall be an unlawful employment
practice for any employer, labor
organization, or joint labor-management
committee controlling apprenticeship or
other training or retraining, including on the-job training programs to discriminate
against any individual because of his
race, color, religion, sex, or national
origin in admission to, or employment in,
any program established to provide
apprenticeship or other training.
Compensation
Notwithstanding any other provision of this subchapter,
it shall not be an unlawful employment practice for an
employer to apply different standards of compensation,
or different terms, conditions, or privileges of
employment pursuant to a bona fide seniority or merit
system, or a system which measures earnings by
quantity or quality of production or to employees who
work in different locations, provided that such
differences are not the result of an intention to
discriminate because of race, color, religion, sex, or
national origin, …
Testing
…nor shall it be an unlawful employment
practice for an employer to give and to act upon
the results of any professionally developed
ability test provided that such test, its
administration or action upon the results is not
designed, intended or used to discriminate
because of race, color, religion, sex or national
origin…
Compensation
…It shall not be an unlawful
employment practice under this
subchapter for any employer to
differentiate upon the basis of sex in
determining the amount of the wages
or compensation paid or to be paid to
employees of such employer if such
differentiation is authorized by the
provisions of section 206(d) of Title
29 [section 6(d) of the Labor
Standards Act of 1938, as amended] .
Quota
Nothing shall be interpreted to require any
employer, employment agency, labor
organization, or joint labor-management
committee subject to this subchapter to grant
preferential treatment to any individual or to
any group because of the race, color, religion,
sex, or national origin of such individual or
group on account of an imbalance…
Quota
… which may exist with respect to the total
number or percentage of persons of any race,
color, religion, sex, or national origin employed
by any employer, referred or classified for
employment by any employment agency or labor
organization, admitted to membership or
classified by any labor organization, or admitted
to, or employed in, any apprenticeship or other
training program, …
Quota
… which may exist with respect to the total
number or percentage of persons of any race,
color, religion, sex, or national origin employed
by any employer, referred or classified for
employment by any employment agency or labor
organization, admitted to membership or
classified by any labor organization, or admitted
to, or employed in, any apprenticeship or other
training program, …
Quota
… in comparison with the total
number or percentage of
persons of such race, color,
religion, sex, or national origin
in any community, State,
section, or other area, or in the
available work force in any
community, State, section, or
other area.
Employment Practice
It shall be an unlawful employment
practice for a respondent, in
connection with the selection or
referral of applicants or candidates
for employment or promotion, to
adjust the scores of, use different
cutoff scores for, or otherwise alter
the results of, employment related
tests on the basis of race, color,
religion, sex, or national origin.
Sex Discrimination
Pregnancy Based Discrimination
- Pregnancy, childbirth, and
related medical conditions must
be treated in the same way as
other temporary illnesses or
conditions.
Sex Discrimination
Sexual Harassment - This includes
practices ranging from direct requests
for sexual favors to workplace
conditions that create a hostile
environment for persons of either
gender, including same sex
harassment. (The "hostile environment"
standard also applies to harassment on
the bases of race, color, national
origin, religion, age, and disability.)
WHAT
WHO
WHERE
To better
understand sexual
harassment, we’re
going to address
the what, the who,
and the where.
WHAT is sexual harassment?
According to the U.S.
Department of
Education:
“Sexual harassment is
unwelcome conduct of a
sexual nature.”
WHAT is sexual harassment?
It can include:
“unwelcome sexual
advances, requests for
sexual favors, and other
verbal, nonverbal, or
physical conduct of a
sexual nature.”
unwelcome sexual
advances
requests for sexual favors
verbal, non-verbal, or physical
conduct of a sexual nature
WHO does sexual harassment apply to?
The question above actually asks:
• Who can be an offender of sexual harassment?
And,
• Who can be a victim of sexual harassment?
WHO does sexual harassment apply to?
An offender can be either a
supervisor, co-worker, male
or female.
WHO does sexual harassment apply to?
A victim can be any
employee.
And just as an of fender can
be either male or female, a
victim can also be either
male or female.
WHERE can sexual harassment occur?
Examples include:
• Any conference or extra-curricular activity that is
either on or off campus
• A training program offered on or off campus
• Within a transportation vehicle to or from such an
activity
 The Equal Pay Act of 1963 (EPA).
 Age Discrimination in Employment Act of 1967 .
 Title I and Title V of the Americans with Disabilities Act of
1990, as amended (ADA).
 Sections 501 and 505 of the Rehabilitation Act of 1973.
 Title II of the Genetic Information Nondiscrimination Act of
2008.
 the Civil Rights Act of 1991
Sex Biased Wage
which protects men and
women who perform
substantially equal
work in the same
establishment from sexbased wage
discrimination
Sex Biased Wage
•Employers may not reduce wages of either
sex to equalize pay between men and
women.
•A violation of the EPA may occur where a
different wage was/is paid to a person who
worked in the same job before or after an
employee of the opposite sex.
Age -Over 40
which protects individuals
who are 40 years of age
or older
The ADEA's broad ban against age
discrimination also specifically prohibits:
•statements or specifications in job notices or
advertisements of age preference and limitations. An
age limit may only be specified in the rare
circumstance where age has been proven to be a bona
fide occupational qualification (BFOQ);
•discrimination on the basis of age by apprenticeship
programs, including joint labor-management
apprenticeship programs; and
•denial of benefits to older employees. An employer
may reduce benefits based on age only if the cost of
providing the reduced benefits to older workers is the
same as the cost of providing benefits to younger
workers.
Disability
which prohibit
employment
discrimination against
qualified individuals
with disabilities in the
private sector, and in
state and local
governments
Individual with a Disability
a person who has a physical or mental impairment that
substantially limits one or more major life activities, has a record
of such impairment, or is regarded as having a disability. An
entity subject to the ADA regards someone as having a disability
when it takes an action prohibited by the ADA based on an actual
or perceived impairment, except if the impairment is both
transitory (lasting or expected to last six months or less) and
minor. Major life activities are basic activities that most people in
the general population can perform with little or no dif ficulty
such as walking, breathing, seeing, hearing, speaking, learning,
thinking, and eating. Major life activities also include the
operation of a major bodily function, such as functions of the
immune system normal cell growth, brain, neurological, and
endocrine functions.
Qualified
An individual with a disability
is "qualified" if he or she
satisfies skill, experience,
education, and other jobrelated requirements of the
position held or desired, and
who, with or without
reasonable accommodation,
can perform the essential
functions of that position.
Reasonable Accommodation
may include making existing facilities used by employees readily
accessible to and usable by persons with disabilities; job
restructuring; modification of work schedules; providing
additional unpaid leave; reassignment to a vacant position;
acquiring or modifying equipment or devices; adjusting or
modifying examinations, training materials, or policies; and
providing qualified readers or interpreters. Accommodation may
be necessary to apply for a job, to perform job functions, or to
enjoy the benefits and privileges of employment that are enjoyed
by people without disabilities. An employer is not required to
lower production standards. An employer is not obligated to
provide personal use items such as eyeglasses or hearing aids. A
person who only meets the "regarded as" definition of disability
is not entitled to receive a reasonable accommodation.
Undue Hardship
An employer is required to make a reasonable
accommodation to a qualified individual with a
disability unless doing so would impose an
undue hardship on the operation of the
employer's business. Undue hardship means an
action that requires significant difficulty or
expense when considered in relation to factors
such as a business' size, financial resources,
and the nature and structure of its operation.
Prohibited Inquiries and
Examinations
Before making an offer of employment, an employer
may not ask job applicants about the existence,
nature, or severity of a disability. Applicants may be
asked about their ability to perform job functions. A
job offer may be conditioned on the results of a
medical examination, but only if the examination is
required for all entering employees in the same job
category. Medical examinations of employees must
be job-related and consistent with business
necessity.
Drug and Alcohol Use
Employees and applicants currently engaging in the illegal
use of drugs are not protected by the ADA when an employer
acts on the basis of such use. Tests for illegal use of drugs
are not considered medical examinations and, therefore, are
not subject to the ADA's restrictions on medical
examinations. Employers may hold individuals who are
illegally using drugs and individuals with alcoholism to the
same standards of performance as other employees.
Disability
which prohibit
discrimination against
qualified individuals
with disabilities who
work in the federal
government
Genetic Information
prohibits
employment
discrimination based
on genetic
information about an
applicant, employee,
or former employee
Genetic Information
GINA prohibits discrimination against applicants,
employees, and former employees on the basis of
genetic information. This includes a prohibition on the
use of genetic information in all employment
decisions; restrictions on the ability of employers and
other covered entities to request or to acquire genetic
information, with limited exceptions; and a
requirement to maintain the confidentiality of any
genetic information acquired, with limited exceptions.
Damages
provides monetary
damages in cases
of intentional
employment
discrimination.
Damages
The Civil Rights Act of 1991 made major changes in the
federal laws against employment discrimination
enforced by EEOC. Enacted in part to reverse several
Supreme Court decisions that limited the rights of
persons protected by these laws, the Act also provides
additional protections. The Act authorizes compensatory
and punitive damages in cases of intentional
discrimination, and provides for obtaining attorneys'
fees and the possibility of jury trials. It also directs the
EEOC to expand its technical assistance and outreach.
Discriminator y Practices Are
Prohibited by These Laws
•hiring and firing;
•compensation, assignment, or classification of employees;
•transfer, promotion, layof f, or recall;
•job adver tisements;
•recruitment;
•testing;
•use of company facilities;
•training and apprenticeship programs;
•fringe benefits;
•pay, retirement plans, and disability leave; or
•other terms and conditions of employment.
Discriminator y practices under
these laws also include:
•harassment on the basis of race, color, religion, sex, national
origin, disability, genetic information, or age;
•retaliation against an individual for filing a charge of
discrimination, participating in an investigation, or opposing
discriminatory practices;
Discriminator y practices under
these laws also include:
•employment decisions based on stereotypes or assumptions
about the abilities, traits, or performance of individuals of a
certain sex, race, age, religion, or ethnic group, or individuals
with disabilities, or based on myths or assumptions about an
individual's genetic information; and
•denying employment opportunities to a person because of
marriage to, or association with, an individual of a particular
race, religion, national origin, or an individual with a
disability. Title VII also prohibits discrimination because of
participation in schools or places of worship associated with
a particular racial, ethnic, or religious group.
Words You Should Know
Affirmative Action
Positive steps that an
institution takes to increase
the representation of
women or men in areas of
employment, education, and
business where they have
historically been excluded.
Words You Should Know
Remedial Action
Steps that are taken to
correct any discrimination
that has occurred based on
sex.
Words You Should Know
Affirmative Action
Remedial Action
These two terms will be
referred to in this lesson,
and it’s important to
understand the distinction
between them.
Simply put, remedial action
corrects discrimination and
affirmative action corrects
under-representation.
Examples
Affirmative Action
Remedial Action
If an institution discovers
that only a small
percentage of students in a
particular program are
women, and they verify that
no discrimination has
influenced this low number,
they may enact af firmative
action.
Examples
Affirmative Action
Remedial Action
This means they actively
concentrate on recruiting
women into this program in
order to even out the
representation of both male
and female students.
Examples
Affirmative Action
Remedial Action
If, on the other hand, an
institution is found
discriminating against
women within its
admissions process, the
U.S. Department of
Education will require
remedial, or corrective,
action to correct the
problem.
Gender Equity