Transcript CHAPTER 23 Discrimination in Employment

CHAPTER 24
Discrimination
in Employment
24-1 Legal Versus Illegal Discrimination
24-2 Proving Illegal Discrimination
LAW for Business and Personal Use
© 2012 Cengage Learning. All Rights Reserved.
May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
24-1
Legal Versus Illegal
Discrimination
 GOALS
 Recognize the difference between legal and
illegal employment discrimination
 List the various statutes governing employment
discrimination
LAW for Business and Personal Use
Chapter 24
© 2012 Cengage Learning. All Rights Reserved.
May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
SLIDE 2
WHEN IS DISCRIMINATION
ILLEGAL?
 Protected classes








Race and color
Gender
Pregnancy/pregnancy intention
Age
Religion
Disability
National origin
Other
Continued on the next slide
LAW for Business and Personal Use
Chapter 24
© 2012 Cengage Learning. All Rights Reserved.
May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
SLIDE 3
WHEN IS DISCRIMINATION
ILLEGAL?
 Scope of protection
 In all aspects of employment
 Governing most employers
LAW for Business and Personal Use
Chapter 24
© 2012 Cengage Learning. All Rights Reserved.
May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
SLIDE 4
CHECKPOINT

 Name the characteristics that, under federal
law, employers may not consider in any
employment-related decision.
LAW for Business and Personal Use
Chapter 24
© 2012 Cengage Learning. All Rights Reserved.
May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
SLIDE 5
LAWS THAT PROHIBIT
EMPLOYMENT DISCRIMINATION
 Title VII of the Civil Rights Act of 1964
 Equal Pay Act of 1963
 Age Discrimination in Employment Act of
1967
 Americans with Disabilities Act
 Pregnancy Discrimination Act of 1978
 Genetic Information Nondiscrimination Act of
2008 (GINA)
LAW for Business and Personal Use
Chapter 24
© 2012 Cengage Learning. All Rights Reserved.
May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
SLIDE 6
CHECKPOINT

 Name the laws discussed in this section that
prohibit unjustified discrimination in
employment.
LAW for Business and Personal Use
Chapter 24
© 2012 Cengage Learning. All Rights Reserved.
May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
SLIDE 7
24-2
Proving Illegal
Discrimination
 GOALS
 Discuss how a case based on disparate
treatment is proven
 Describe how a case based on disparate impact
is proven
 Recognize the forms of sexual harassment
LAW for Business and Personal Use
Chapter 24
© 2012 Cengage Learning. All Rights Reserved.
May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
SLIDE 8
DISPARATE TREATMENT CASES
 Evidence of disparate treatment
 Cases based on direct evidence
 Cases based on indirect evidence
 Cases based on statistics
 Employer’s defenses




Business necessity defense
Bona fide occupational qualification defense
Bona fide seniority system defense
Pretexts
LAW for Business and Personal Use
Chapter 24
© 2012 Cengage Learning. All Rights Reserved.
May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
SLIDE 9
CHECKPOINT

 What are the three main evidentiary grounds
for proving disparate treatment cases?
LAW for Business and Personal Use
Chapter 24
© 2012 Cengage Learning. All Rights Reserved.
May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
SLIDE 10
DISPARATE IMPACT CASES
 By statistical proof
 Employer’s defenses
LAW for Business and Personal Use
Chapter 24
© 2012 Cengage Learning. All Rights Reserved.
May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
SLIDE 11
CHECKPOINT

 What does disparate impact mean?
LAW for Business and Personal Use
Chapter 24
© 2012 Cengage Learning. All Rights Reserved.
May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
SLIDE 12
SEXUAL HARASSMENT CASES
 Quid pro quo
 Hostile environment
LAW for Business and Personal Use
Chapter 24
© 2012 Cengage Learning. All Rights Reserved.
May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
SLIDE 13
CHECKPOINT

 What are the two forms of sexual
harassment?
LAW for Business and Personal Use
Chapter 24
© 2012 Cengage Learning. All Rights Reserved.
May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
SLIDE 14
PREVENT
LEGAL
DIFFICULTIES
 As an employee . . .
 Approach every job in a professional manner.
Seek to be judged solely on the basis of your
potential or actual job performance.
 Do not create an environment hostile to any
protected class.
 If you suspect that you are being discriminated
against because of your membership in a
protected class, contact the Equal Employment
Opportunity Commission (EEOC).
Continued on the next slide
LAW for Business and Personal Use
Chapter 24
© 2012 Cengage Learning. All Rights Reserved.
May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
SLIDE 15
PREVENT
LEGAL
DIFFICULTIES
 As an employer . . .
 Do not ask questions on job applications that
require the disclosure of race, religion, sex,
national origin, handicap, or pregnancy status or
intention.
 Do not ask questions in job interviews about
marital status, maternity plans, child care, birth
control practices, number of children, or other
related factors.
Continued on the next slide
LAW for Business and Personal Use
Chapter 24
© 2012 Cengage Learning. All Rights Reserved.
May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
SLIDE 16
PREVENT
LEGAL
DIFFICULTIES
 Train supervisors to avoid any activity that could
be taken as sexual harassment and to respond
effectively to complaints about like conduct by
subordinates.
LAW for Business and Personal Use
Chapter 24
© 2012 Cengage Learning. All Rights Reserved.
May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
SLIDE 17