Title Vii of The 1964 Civil Rights Act

TITLE VII OF THE 1964
CIVIL RIGHTS ACT

UNLAWFUL EMPLOYMENT PRACTICE
1. To fail or refuse to hire or to discharge an individual or otherwise to
discriminate against any individual with respect to his or her
compensation, terms,conditions, or privileges of employment,
because of such individual’s race,color, religion, sex, or national
origin.
2. To limit, segregate, or classify employees or applicants for
employment in anyway that would deprive or tend to deprive any
individual of employment opportunities or otherwise adversely affect
his or her status as an employee, because of such individual’s race,
color, religion, sex, or national origin.
COVERAGE
● All public or private employers of 15 or more persons.
● All public and private educational institutions, the federal
government, and state, and local governments
● All public and private employment agencies
● All labor unions with 15 or more members
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
● The commission,
created by Title VII,
empowered to
investigate job
discrimination
complaints and sue on
behalf of complainants.
EXECUTIVE ORDERS
● A type of written instruction that presidents use to work

their will through the executive branch of government
EXECUTIVE ORDERS
● Executive Order 11246
and 11375
● Established Office of
Federal Contract
Compliance Programs
(OFCCP)
● EQUAL PAY ACT OF ● AGE DISCRIMINATION
1963 IN EMPLOYMENT ACT
- The act requiring equal pay OF 1967
for equal work, regardless of - The act prohibiting arbitrary
sex age discrimination and
specifically protecting
individuals over 40 years old.
● VOCATIONAL ● PREGNANCY
REHABILITATION ACT DISCRIMINATION ACT
OF 1973 OF 1978
- The act requiring certain - A title VII amendment that
federal contractors to take prohibits sex discrimination
affirmative action for disabled based on “pregnancy,
persons. childbirth, or related medical
conditions
● FEDERAL AGENCY GUIDELINES
- Specific details directives or requirements with the force of law
enacted by the federal agencies necessary to enforce the legislative
acts passed by Congress.
Early Court Decisions Regarding Equal
Employment Opportunity
● Several courts decisions between 1964 and 1991 helped clarify cours'
interpretations of equal employment opportunity (EEO) laws such as Title VII.
● Persons such as minorities and women protected by equal opportunity laws,
including Title VII.
The Laws Enacted from 1991 to the Present
● The Civil Rights Act of 1991 - the act that places the burden of
proof back on employers and permits compensatory and punitive
damages.
● President George H. W. Bush signed the Civil Rights Act of 1991
into law in November 1991.
● To place more responsibility on employers.
Burden of Proof
● Burden of proof--what the plaintiff must show to establishy possible
illegal discrimination, and what the employer must show to defend
its action--plays a central role in equal employment cases.
Money Damage
● It provides that an employee who is claiming intentional
discrimination can ask for (1) compensatory damages and (2)
punitive damages, if he or she can show the employer engaged in
discrimination “with malice or reckless indiference to the federally
protected rights of an aggrieved individual.”
Mixed Motives
● A discrimination allegation case which the employer argues that the
employment action taken was motivated not by discrimination, but
by some nondiscriminatory reason such as ineffective performance.
The Americans with Disabilities Act
● The act requiring employers to make reasonable accomodation for
disabled employes, it prohibits discrimination againts disabled
persons.
Qualified Individual
● The act prohibits discrimination againts qualified individuals--
those who, with or without a reasonable accomodation, can carry
out the essential function of the job.
Reasonable Accomodation
● If the individual cant perform the job as currently structured, the
employer must make “reasonable accomodation.”
● Reaasonable accomodation might include redesigning job,
modifying work schedules, or modifying or acquiring equipment or
other devices.
Examples of How to Provide Reasonable
Accomodation
● Employees with mobility or vision impairments may benefit from
voice-recognition software.
● Word-prediction software suggest words based on context with just
one or two letters typed.
● Real-time translation captioning enables employees to participate in
meetings.
● Vibrating text pagers notify employees when messages arrive.
The ADA Amendments Act of 2008 (ADAAA)
● Guidelines for employers for better progressive approach for the
ADA.
ADA Guidlines for Managers and Employers.
● Do not deny a job to a disabled individual if the person is quailified
and able to perform the essential job functions.
● Make a reasonable accomodation unless doing so would result in
undue hardship.
● Itemize essential job functions on the job description.
● Do not allow misconduct or erratic performance (includingabsences
and tardiness), even if that behavior is linked to the disability.
Uniformed Service Employment and
Reemployment Rights Act.
● Under the Uniformed Service Employment and Reemployment
Rights Act (1994), employers are generally required, amomg other
things, reinstate employeea returning from military leave a
positions comparable to those they had before leaving.
Genetic Information Nondiscrimination Act
2008 (GINA)
● It prohibits discrimination by health insurers and employers based
on peoples genetic information.
State and Local Equal Employment
Opportunity Laws
● All states and many local governments prohibit employment
discrimination.
● Example: In Hawaii an Massachusettes prohibit employers from
asking criminal convictions o n applications. employers with as few
as 4 employees requires that employers provide paid sick leaves.
In Summary: Religious and Other Types of
Discrimination.
● The EEOC enforces laws prohibiting discrimination based on age,
disability, equal pay/compensation, genetic information, national
origin, pregnancy, race/color, religion, retaliation, sex, and sexual
harassment.
Sexual Harassment
● Under Title VII, sexual harassment generally refers to harassment on the
basis of sex when such conduct has the purpose or effect of substantially
interfering with a person’s work performance or creating an intimidating,
hostile, or offensive work environment.
Three main ways someone can prove sexual
harassment:
1. Quid Pro Quo. The most direct is to prove that rejecting a
supervisor’s advances adversely what the EEOC calls a “tangible
employment action. “such as hiring, firing, promotion, demotion,
and/or work assignment.
2. Hostile Environment Created by Supervisors. The harassment
need not have tangible consequence such as demotion.
3. Hostile Environment Created by Coworkers or
Nonemployees. Coworkers or nonemployees can trigger such
suits. One court held that a mandatory sexually provocative
uniform led to lewd comments by customers .
Defenses Against Discrimination Allegations
● Disparate Impact – When an employer’s decision making or
selection process is neutral on it’s face, but has an adverse impact
on a protected class under Title VII
● Disparate Treatment – Intent shown via direct or indirect

“mosaic” or evidence.
● Disparate Rejection Rate – method compares the rejection rates

for a minority group or another group.
Restricted Policy
Approach means demonstrating that the employer’s policy intentionally
or unintentionally excluded members of a protected group.
Population Comparison
Workforce Analysis – to analyze the data regarding the firm’s use of

protected versus nonprotected employees in various job classifications.
Utilization Analysis – process of comparing the percentage of

minority employees in a job at the company with the number of
similarly trained minority employees available in the relevant labor
market.
KNOW YOUR EMPLOYMENT
Some of the potentially discriminatory practices to avoid:
Recruitment
Misleading Information
Help- Wanted Ads
● Selection Standard
Educational Requirement
Tests
● Preference to Relatives
● Height, Weight, and Physical Characteristics
● Arrest Records
● Application Form
● Discharge Due to Garnishment

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TITLE VII OF THE 1964

CIVIL RIGHTS ACT

● A type of written instruction that presidents use to work

● Disparate Treatment – Intent shown via direct or indirect

● Disparate Rejection Rate – method compares the rejection rates

Workforce Analysis – to analyze the data regarding the firm’s use of

Utilization Analysis – process of comparing the percentage of

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