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Employment Law for Human Resource Practice

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Employment Law for Human Resource Practice. Chapter 3 Overview of Employment Discrimination. The Continuing Reality of Employment Discrimination. Progress has been made against discrimination since the passage of Title VII . - PowerPoint PPT Presentation
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Employment Law for Human Resource Practice Chapter 3 Overview of Employment Discrimination
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Page 1: Employment Law for Human Resource Practice

Employment Law forHuman Resource Practice

Chapter 3

Overview of

Employment Discrimination

Page 2: Employment Law for Human Resource Practice

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The Continuing Reality of Employment Discrimination

Progress has been made against discrimination since the passage of Title VII.

While overt discrimination is less frequent, more subtle forms of discrimination continue.

Plaintiff may prove discrimination by direct or circumstantial evidence, but Plaintiff has the burden of proof

Discrimination is inherently difficult to prove.

Page 3: Employment Law for Human Resource Practice

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The Concept of Employment Discrimination

Definition: – A limitation or denial of employment

opportunity based on protected class characteristics of a person

In essence, “adverse employment actions”

– Liability arises not from prejudice alone, but from its effects on employment opportunities.

Page 4: Employment Law for Human Resource Practice

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Major Federal Antidiscrimination Statutes

Title VII of Civil Rights Act of 1964 Equal Pay Act Age Discrimination in Employment Act Rehabilitation Act Pregnancy Discrimination Act Americans with Disabilities Act

Page 5: Employment Law for Human Resource Practice

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Other Anti-Discrimination Provisions

US Constitution:– US Code Section 1981 & Section 1983– 14th Amendment

For federal contractors:– Executive Order 11246

States, cities & counties also have statutory, constitutional and regulatory antidiscrimination provisions

Page 6: Employment Law for Human Resource Practice

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Protected Classes, Federal 1

Race, Color – Title VII, Civil Rights Act, 42 U.S.C. §1981

Sex – Title VII, Civil Rights Act, Equal Pay Act

National Origin– Title VII, Civil Rights Act, 42 U.S.C. §1981,

Immigration Reform and Control Act Religion

– Title VII, Civil Rights Act

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Protected Classes, Federal 2

Citizenship (citizens or legal aliens) – Immigration Reform and Control Act

Age 40 and over – Age Discrimination in Employment Act

Disability (qualified individual with a disability)– Americans with Disabilities Act;

The Rehabilitation Act

Page 8: Employment Law for Human Resource Practice

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Protected Classes, Federal 3

Pregnancy (pregnancy, childbirth, related) – Pregnancy Discrimination Act

Veterans (military service) – Uniformed Services Employment & Reemployme

nt Rights Act

Genetic information – Genetic Information Nondiscrimination Act

Page 9: Employment Law for Human Resource Practice

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Protected Classes, State

Some protected classes are recognized under state or city law, but not federal law:– Marital status– Sexual orientation – Gender identity– Tobacco/alcohol use

Page 10: Employment Law for Human Resource Practice

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Types of Discrimination

Disparate treatment– Intentional, unequal treatment

Adverse (Disparate) impact– Facially neutral policy has discriminatory impact

Failure to reasonably accommodate– Applies to religion, disability only (See Chapter 10)

Retaliation– To punish based on employee’s exercise of his

legal rights

Page 11: Employment Law for Human Resource Practice

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Other Discrimination Terms 1

Facially discriminatory policy or practice– But allegedly justified, based on a BFOQ

“Reverse” discrimination– A misnomer typically meaning discrimination

against a white male

Pretext– A false reason given to justify a discriminatory

employment decision

Page 12: Employment Law for Human Resource Practice

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Showing Disparate Treatment – Facially Discriminatory Practice

Page 13: Employment Law for Human Resource Practice

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Other Discrimination Terms 2

Mixed motives– Decisions based on partly legal, partly illegal

motives

Pattern or practice– Statistical evidence reveals discrimination

occurring over time

Harassment– A form of disparate treatment

Page 14: Employment Law for Human Resource Practice

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Elements of a Claim –Disparate Treatment – Pretext 1

1) Plaintiff must prove a prima facie case:– Plaintiff’s relevant protected class characteristic– Applied for the employment opportunity– The employment opportunity was available– Plaintiff was qualified for it– Plaintiff was denied the opportunity– Defendant-Employer continued to interview, or

hired one with contrasting protected class characteristics

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Elements of a Claim –Disparate Treatment – Pretext 2

2) If Plaintiff proves a prima facie case, then Defendant must produce evidence of lawful motive for the employment decision.

3) If Defendant produces such evidence, Plaintiff may rebut by:– Providing evidence that casts doubt on

Defendant’s claimed motive, and/or– Providing other evidence supporting the claim of

discriminatory motive

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Jones v. Oklahoma City Public Schools

Facts: Jones was demoted and suffered a reduction in pay after several questions regarding when she would retire. Although she was told her duties would be absorbed by others, a new position was created with “strikingly similar” duties. Jones sued, alleging age discrimination. Summary Judgment was entered against her and she appealed.

Issue: If Plaintiff proves a prima facie case of discrimination and shows the Defendant employer’s given reasons to be pretext, must she also provide further proof of discrimination to avoid summary judgment against her?

Held: Once Plaintiff has proven a prima facie case of age discrimination, and shown the employer’s proffered reasons to be pretext, she need not submit additional evidence of discrimination. Summary

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Elements of a Claim – Adverse Impact 1

1) Plaintiff must prove a prima facie case:– A “neutral” practice disproportionately limits the

employment opportunities of a protected class of which plaintiff is a member.

– The difference in outcomes across protected class groups is large enough that it is unlikely to exist by chance.

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Elements of a Claim –Adverse Impact 2

2) If Plaintiff proves a prima facie case, then Defendant must prove that the challenged practice is “job related and consistent with business necessity.”– In age discrimination cases, the employer must show

that the practice is a reasonable factor other than age. 3) If Defendant successfully defends the practice,

Plaintiff may still prevail by showing that a feasible, less discriminatory, practice exists, but the employer refuses to adopt it.– Does not apply in age discrimination cases.

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Showing Adverse Impact – Overview

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Elements of a Claim –Retaliation 1

1) Plaintiff must prove a prima facie case:– Plaintiff engaged in protected activity or opposed

discrimination– Plaintiff suffered an adverse employment action– There is a causal link between the activity and the

adverse employment action 2) If Plaintiff proves a prima facie case, then

Defendant must prove a lawful, non-retaliatory motive for the decision.

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Elements of a Claim –Retaliation 2

3) If Defendant successfully defends the decision, Plaintiff may rebut Defendant’s claims by:– Providing evidence that sheds doubt on the

credibility of Defendant’s stated motive; and/or– Providing other evidence that supports the claim

that retaliation is the most likely explanation for the adverse action.

Page 22: Employment Law for Human Resource Practice

Collazo v. Bristol-Myers Squibb

Facts: Collazo sued his former employer alleging he was fired in retaliation for his attempts to assist another employee who was being sexually harassed. The employer contended that Collazo did not verbally protest, and that no sexual harassment had occurred. Summary judgment was entered against him, and he appealed.

Issues: Is a Title VII violation required to establish a claim for retaliation? Must an employee verbally oppose the harassment of another, or is conduct in opposition sufficient?

Held: A claim for retaliation may be established where employee has a good faith reasonable belief of unlawful activities and opposes them by conduct. Summary


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