Date post: | 13-Apr-2017 |
Category: |
Education |
Upload: | andrea-bevier |
View: | 45 times |
Download: | 2 times |
Title VII of the Civil Rights Act Of 1964
50 yearsin 2014
AELH Article 7.3.4
President Johnson Signsthe Civil Rights Act of 1964
Affirmative Action
• AELH Article 7.3.10• Federal contractors
– Dollar limits– Employee limits
• EEO-1 (must have if 100 employees)• Plan• Enforcement by OFCCP at USDOL
EEOC 2013 Priorities
• Eliminating barriers in recruitment & hiring• Protecting immigrant, migrant & vulnerable workers• Addressing emerging issues (e.g. LGBT) • Enforcing equal pay laws• Preserving access to the legal system• Prevention of harassment through systemic
enforcement and targeted outreachAND• Publicly collecting money from employers!
Allocation of 2013 EEO Charges:
Chart from: http://www.eeoccountdown.com/2013/10/01/times-up-pencils-down-eeoc-final-fiscal-year-end-filing-totals-provide-surprises-and-insight/
Title VII Timeline• 1861-1865 Civil War/War Between the States• 1863 Emancipation Proclamation• 1865 13th Amendment outlaws slavery• 1866 Section 1981 outlaws discrimination• 1868 14th Amendment due process/equal protection• 1870 15th Amendment gives black men vote• 1865-1964 Reconstruction/Jim Crow
Title VII Timeline (2)• 1896 Plessy v. Ferguson: separate but equal• 1954 Brown v. Board of Education: desegregation of schools• 1950s and1960s Race riots and demonstrations• 1963 Equal Pay Act• 1963 March on Washington: I Have a Dream• 1963 President Kennedy assassinated• 1964 Civil Rights Act• 1965 Executive Order 11246
Title VII Timeline (3)• 1965 Voting Rights Act• 1972 Title VII applies to state/local employees• 1978 Pregnancy Discrimination act• 1986 Meritor Savings Bank v. Vinson• 1991 Civil Rights amendments
– Expansion of remedies– Caps on compensatory/punitive damages– Burden of proof
• 2009 Lily Ledbetter Act
Categories• Race• Color• Religion• National Origin• Sex• Retaliation
What is Prohibited?• Discrimination
– Recruitment – Pay – Hiring, firing, layoff– Promotion – Job assignments – Training – Leave – Benefits
• Harassment• Retaliation
– Opposition– Participation
Who is Liable?• Employers (need 15+)
– Compare Section 1981– Indian Country and tribal preference
• Prospective employers• Unions• Vicarious liability• Who is supervisor? Vance v. Ball State
Burden of Proof• Disparate treatment and McDonnell Douglas burden
shifting– Employee/job applicant to show
• Protected category• Adverse action• Connection
– Employer counters with legitimate/nondiscriminatory reason– Employee must prove pretext
• What about mixed motive?• Disparate impact
Enforcement and Remedies• EEOC
– Arizona deferral state so 300 days to file charge
– Mediation
– Investigation
– Conciliation
• Private action – exhaustion of administrative remedies – 90 days to file
• Remedies– Backpay and Frontpay
– Reinstatement or Instatement
– Compensatory and Punitive Damages - capped
– Attorney Fees
– EEOC remedies
U.S. Supreme CourtRetaliation Cases
• University of Texas Southwest Medical Center v. Nassar (2013) – imposed but for burden of proof
• Staub v. Proctor Hospital (2011)• Thompson v. North American Stainless
(2011)• Burlington Northern v. White (2006)
No Favorites - No Stereotypes
• Mothers cannot travel• This position is suited for a young worker• Pay increases for your faves• Men can’t complain of sexual harassment• He is too feminine/she is too macho • Man harassed by male co-workers for failing to conform to male stereotype could bring a Title VII claim. He did not “act like a man should act,” and walked like a woman. Nichols v. Azteca Rest. Enters., 256 F.3d 864 (9th Cir. 2001).