Jeffrey a mello 4e chapter 7 employment law

Federal Anti-Discrimination LawsFederal Anti-Discrimination Laws • Equal Pay Act 1963 – Prohibits wage discrimination based on gender for jobs that require equal skill, effort, & respon

Trang 1

EMPLOYMENT LAW

Trang 2

Critical Strategic Issue

• Significant impact on cost structure

– Establishment & maintenance of internal

mechanisms

– Violations can result in significant penalties

• Makes sense to be an equal opportunity

employer

– Avoid penalties for violations

– Hire most qualified applicant for job or to promote

most qualified individual

• Significant impact on cost structure

– Establishment & maintenance of internal

mechanisms

– Violations can result in significant penalties

• Makes sense to be an equal opportunity

employer

– Avoid penalties for violations

– Hire most qualified applicant for job or to promote most qualified individual

Trang 3

Employment-at-will

Doctrine developed as part of British common law which states the

employment relationship should be a private matter between

employee and employers, terminable by either part at any time for any reason or no reason whatsoever

Applies to the majority of the workforce in the United States with the major exceptions of

1) a collective bargaining agreement

2) an express written contract

3) terms of implied contracts

4) judicially determined “public policy exceptions”

5) federal, state and local statutes which prohibit discrimination in

employment against given specified protected classes.

Doctrine developed as part of British common law which states the

employment relationship should be a private matter between

employee and employers, terminable by either part at any time for any reason or no reason whatsoever

Applies to the majority of the workforce in the United States with the major exceptions of

1) a collective bargaining agreement

2) an express written contract

3) terms of implied contracts

4) judicially determined “public policy exceptions”

5) federal, state and local statutes which prohibit discrimination in

employment against given specified protected classes.

Trang 4

Federal Anti-Discrimination Laws

• Civil Rights Act of 1866

– Gave all citizens right to enter into contracts – No remedies for unjust treatment were

provided

– Gave individuals right to sue if they felt they

had been deprived of rights under 1866 Act

– Gave all citizens right to enter into contracts – No remedies for unjust treatment were

provided

– Gave individuals right to sue if they felt they

had been deprived of rights under 1866 Act

Trang 5

• Equal Pay Act (1963)

– Prohibits wage discrimination based on gender for

jobs that require equal skill, effort, & responsibility & are performed under similar working conditions

– Exceptions to equal pay

• Bona fide seniority systems

• Quality of job performance (i.e., merit-based pay

systems)

• Quantity of output (i.e., piece-rate pay systems)

• Factors (contingencies) other than sex (gender)

• Equal Pay Act (1963)

– Prohibits wage discrimination based on gender for jobs that require equal skill, effort, & responsibility & are performed under similar working conditions

– Exceptions to equal pay

• Bona fide seniority systems

• Quality of job performance (i.e., merit-based pay

systems)

• Quantity of output (i.e., piece-rate pay systems)

• Factors (contingencies) other than sex (gender)

Trang 6

• Civil Rights Act (1964) - Title VII

– Title VII prohibits discrimination in employment based on

race, color, religion, sex, & national origin

– Covers conditions of employment: hiring, firing, promotion,

transfer, compensation, & admission to training

– Applies to all private employers with 15 or more employees,

state & local governments, educational institutions,

employment agencies, & unions

– Established & Equal Employment Opportunity Commission

(EEOC) to oversee & enforce Title VII & all other federal labor laws

• Civil Rights Act (1964) - Title VII

– Title VII prohibits discrimination in employment based on

race, color, religion, sex, & national origin

– Covers conditions of employment: hiring, firing, promotion,

transfer, compensation, & admission to training

– Applies to all private employers with 15 or more employees,

state & local governments, educational institutions,

employment agencies, & unions

– Established & Equal Employment Opportunity Commission

(EEOC) to oversee & enforce Title VII & all other federal

labor laws

Trang 7

• Age Discrimination Act (1967)

– Prohibits employment discrimination against

employees age 40 or older

– Prohibits setting of mandatory retirement ages

except in cases of public safety (e.g., airline pilots)

– Amended 1990 by Older Workers Protection Act

which prohibits discrimination in provision of benefits

& required signing of age discrimination waivers at layoff

– Covers all employers including federal government

• Age Discrimination Act (1967)

– Prohibits employment discrimination against

employees age 40 or older

– Prohibits setting of mandatory retirement ages

except in cases of public safety (e.g., airline pilots)

– Amended 1990 by Older Workers Protection Act

which prohibits discrimination in provision of benefits

& required signing of age discrimination waivers at layoff

– Covers all employers including federal government

Trang 8

• Rehabilitation Act (1973)

– Prohibited discrimination by federal (but not private)

contractors against handicapped applicants or employees

– Definition of handicapped individuals

• Persons with physical or mental impairment that substantially

limits one or more major life activities

• Persons with history or record of such impairment

• Persons regarded as having such an impairment

– Handicapped individuals must be “otherwise qualified” to

perform (with reasonable accommodation) essential

functions of job (e.g., no blind bus drivers)

• Rehabilitation Act (1973)

– Prohibited discrimination by federal (but not private)

contractors against handicapped applicants or employees

– Definition of handicapped individuals

• Persons with physical or mental impairment that substantially

limits one or more major life activities

• Persons with history or record of such impairment

• Persons regarded as having such an impairment

– Handicapped individuals must be “otherwise qualified” to

perform (with reasonable accommodation) essential

functions of job (e.g., no blind bus drivers)

Trang 9

• Pregnancy Discrimination Act (1978)

– Prohibits employers from discriminating against pregnant

employees by requiring pregnancy be treated as any other medical disability

– Does not require reinstatement of returning employee to

same job

– Does not allow employer to determine dates of leave

– Employer cannot refuse to hire or promote on basis of

pregnancy

– Employer cannot provide health plans that do not cover

pregnancy

• Pregnancy Discrimination Act (1978)

– Prohibits employers from discriminating against pregnant

employees by requiring pregnancy be treated as any other medical disability

– Does not require reinstatement of returning employee to

same job

– Does not allow employer to determine dates of leave

– Employer cannot refuse to hire or promote on basis of

pregnancy

– Employer cannot provide health plans that do not cover

pregnancy

Trang 10

• American With Disabilities Act (1990)

– Prohibits all employers with 15 or more employees from

discriminating against disabled persons

– Courts have issued ambiguous & conflicting rulings on

“medical conditions,” “major life activities,” & what constitutes

“disability.” Decisions made on a case-by-case basis

– Determination of “reasonable accommodation”

• Cost of accommodation & resources of employer

• Nature of job & workplace safety issues

• Any relevant collective bargaining provisions

• American With Disabilities Act (1990)

– Prohibits all employers with 15 or more employees from

discriminating against disabled persons

– Courts have issued ambiguous & conflicting rulings on

“medical conditions,” “major life activities,” & what constitutes

“disability.” Decisions made on a case-by-case basis

– Determination of “reasonable accommodation”

• Cost of accommodation & resources of employer

• Nature of job & workplace safety issues

• Any relevant collective bargaining provisions

Trang 11

• California’s A.B 2222

– Significantly less restrictive requirements for

employees to show disability

– Significantly less restrictive requirements for

employees to show disability

– No limits to damages

– Burden of proof shifted from employee to employer – Relevance: California law is often harbinger of laws adopted elsewhere

Trang 12

Federal Anti-Discrimination Laws Federal Anti-Discrimination Laws

Americans With Disabilities Amendments Act of

2008 (ADAAA)

• Requires that impairments be evaluated without considering

mitigating measures

• Disabilities which are episodic or in remission are protected

• Specifies major life activities as including “eating, sleeping, walking,

standing…” and a host of other daily activities

• Lowers the standard on determining whether an individual is

“regarded” as having a disability

• Directs EEOC to reinterpret “substantially limits” to “significantly

• Disabilities which are episodic or in remission are protected

• Specifies major life activities as including “eating, sleeping, walking,

standing…” and a host of other daily activities

• Lowers the standard on determining whether an individual is

“regarded” as having a disability

• Directs EEOC to reinterpret “substantially limits” to “significantly

restricts”

Trang 13

• Civil Rights Act (1991)

– Extended Title VII coverage to federal employees – Allows litigants to sue for compensatory & punitive

damages

– Requires heavier “burden of proof” on part of

employers in rebutting claims of discrimination

– Provided “extraterritorial enforcement” of federal

labor laws in protecting U.S employees on

overseas assignments

• Civil Rights Act (1991)

– Extended Title VII coverage to federal employees – Allows litigants to sue for compensatory & punitive damages

– Requires heavier “burden of proof” on part of

employers in rebutting claims of discrimination

– Provided “extraterritorial enforcement” of federal labor laws in protecting U.S employees on

overseas assignments

Trang 14

• Family & Medical Leave Act (1992)

– Requires employers to provide up to 12 weeks of unpaid

leave for birth, adoption, or serious illness of a child, family member, or employee during a 12 month period

– Act only covers organizations with fifty or more employees– Employee must have been employed minimum of 25 hours

per week or 1,250 hours yearly

– Employees in top 10% of employer’s salary ranges not

covered

– Employer required to continue employee’s group health

coverage during leave

– Employee must be allowed to return to same/equivalent job

• Family & Medical Leave Act (1992)

– Requires employers to provide up to 12 weeks of unpaid

leave for birth, adoption, or serious illness of a child, family member, or employee during a 12 month period

– Act only covers organizations with fifty or more employees– Employee must have been employed minimum of 25 hours

per week or 1,250 hours yearly

– Employees in top 10% of employer’s salary ranges not

covered

– Employer required to continue employee’s group health

coverage during leave

– Employee must be allowed to return to same/equivalent job

Trang 15

Family & Medical Leave Act (1992)

• State leave laws greatly complicate employee

leave under the FMLA

• Individual states often provide more generous

leave, cover a wider range of employers and

include medical conditions which are not covered under the FMLA

• State laws vary dramatically from state to state

Family & Medical Leave Act (1992)

• State leave laws greatly complicate employee

leave under the FMLA

• Individual states often provide more generous

leave, cover a wider range of employers and

include medical conditions which are not covered under the FMLA

• State laws vary dramatically from state to state

Trang 16

Genetic Information Nondiscrimination Act (2008)

•prohibits the use of genetic information in

decisions related to health insurance and

employment

•Employers need to utilize extreme caution in

collecting information about employees which could give rise to a GINA claim.

Genetic Information Nondiscrimination Act (2008)

•prohibits the use of genetic information in

decisions related to health insurance and

employment

•Employers need to utilize extreme caution in

collecting information about employees which could give rise to a GINA claim.

Trang 18

EEOC Enforcement of Federal Law

• Burden of proof initially falls on complainant

(employee) to demonstrate

– Disparate treatment in deliberate discrimination of “protected

class” individual or

– Disparate (adverse) impact as result of application of

standard or treatment applied to all individuals that results in differential outcomes or consequences for protected groups; usually demonstrated statistically using “four-fifths rule”

– Four-fifths rule states that if selection rate for protected class

is not 80% of selection rate for majority class then a prima facie case of adverse impact is established

• Burden of proof initially falls on complainant

(employee) to demonstrate

– Disparate treatment in deliberate discrimination of “protected

class” individual or

– Disparate (adverse) impact as result of application of

standard or treatment applied to all individuals that results in differential outcomes or consequences for protected groups; usually demonstrated statistically using “four-fifths rule”

– Four-fifths rule states that if selection rate for protected class

is not 80% of selection rate for majority class then a prima facie case of adverse impact is established

Trang 19

EEOC Enforcement of Federal Law

• Employers rebutting discrimination case:

– Must demonstrate job-relatedness of any criteria utilized in

selection process

– Can claim bona fide occupational qualification (BFOQ) that

requires employee to possess particular personal

characteristic or be member of particular group

– Can use of bona fide seniority system not set up to

intentionally discriminate against protected class

– Can claim “business necessity”; that selection criteria are

essential for safe & efficient operations of firm

• Employers rebutting discrimination case:

– Must demonstrate job-relatedness of any criteria utilized in

selection process

– Can claim bona fide occupational qualification (BFOQ) that

requires employee to possess particular personal

characteristic or be member of particular group

– Can use of bona fide seniority system not set up to

intentionally discriminate against protected class

– Can claim “business necessity”; that selection criteria are

essential for safe & efficient operations of firm

Tiêu đề	Employment Law
Trường học	University of XYZ
Chuyên ngành	Law
Thể loại	Essay
Năm xuất bản	2023
Thành phố	City Name

Định dạng
Số trang	34
Dung lượng	5,36 MB