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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

4

Employment & Environment:
Anti-Discrimination
Americans with Disabilities Act

- ensure disabled persons are able to work
Applies to:
- employers with 15+ employees
- All state and local governments
- private businesses that provide accommodations, goods, or services to the public
- public services or transportation
Enforced by: EEOC and private suits under title 7
Forbids discrimination against "any qualified individual with a disability"
- physical or mental impairment that limits one or more "major life activities"
- record of impairment
- being regarded as having such impairment
Employer must:
- not discriminate in hiring
- establish non-discriminatory hiring standards by:
- identifying essential job requirements
- ensure that standard that includes disables person is "job related and of business necessity"
- determining reasonable accommodation would permit a disabled persons's qualification
- make reasonable accomodations

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