Flashcards in Employment & Environment: Anti-Discrimination Deck (4)
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1
Employment & Environment:
Anti-Discrimination
Title 7 of Civil Rights Act
Forbids discrimination based on:
- race
- color
- religion
- religion limitation
- sex
- national origin
Not:
- eldery
- disabled
Applies to:
- employers
- 15+ employees for 20 weeks
- whose business affects interstate commerce
- employment agencies
- labor unions
- federal, state, and local government employees (not charities or religious employers)
Covers: hiring, promotion, transfers, firings, compensation, job assignments
2
Employment & Environment:
Anti-Discrimination
Title 7 of Civil Rights Act 2
Enforced by:
- Equal Employment Opportunity Comission (right to sue letter)
- civil acts by employee against employer
Types of discrimination:
- Intentional: disparate treatment
- Discriminatory Impact: disparate impact
Defenses of Employer:
- Bona fide occupational qualification
- Bona fide seniority or merit
- Professional developed ability test
Sexual Harassment
- Quid pro quo
- hostile environment
- employer creates or tolerates an intimidating, hostile, or offensive working environment.
- employers may be liable
- if victims suffer adverse job result, employer is strictly liable
- employees who do not take advantage of employers internal procedures for complaints will be barred
3
Employment & Environment:
Anti-Discrimination
Age-Discrimination
- supplement to title 7
- protects those:
- 40 years or older
- prohibits mandatory retirement
- exception for executives 65 or older
Applies to:
- businesses employing 20+ people
- state and local governments
- unions (with 25+ members)
- Employment Agencies
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