BLAW 2301 Lecture Notes - Lecture 30: Voluntary Action, Genetic Testing, Job Performance
26 Jun 2018
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CHAPTER 30: EMPLOYMENT DSICRIMINATION
The amendments:
5th - Prohibits the federal government from depriving individuals of life, liberty, or property
without the due process of law.
13th- prohibits slavery
14th- Prohibits state governments from violating an individual’s right to due process and equal
protection
15th- Prohibits restrictions on the right to vote because of race or color.
Equal pay act 1963
a worker may not be paid at a lesser rate than employees of the opposite sex for equal work.
THIS DOES NOT MEAN THT A MAN AND WOMAN must get paid the same in the same job role.
someone can pay a man more for doing the same job as a woman but for doing it exceptionally
well better than me.
It’s not the job title tht determines equal work, “Equal work” means tasks that require equal
skill, effort and responsibility under similar working conditions.
Title VII of the civil rights act 1964
Its illegal to discriminate against someone under the protected categories (Race, color, religion,
sex, or national origin), if tht workplace has 15+ employees.
Prohibited activities
All of these activities are illegal if used against anyone in a protected category:
1. Disparate treatment
the plaintiff must show that she was treated less favorably than others because of her
sex, race, color, religion or national origin
Must prove that his employer intentionally discriminated and discriminatory motive can
be inferred from differences in treatment
3 parts plaintiff must prove for case:
Plaintiff presents evidence that- they belonged to protected category, suffered
adverse employment action, it occurred in way where to could be inferred (not
proved) tht there was discrimination. If all shown there is a prime facie case
“appears to be true upon a first look.”
The defendant must present evidence that its decision was based on legitimate,
nondiscriminatory reasons.
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EX: Harry might say, for example, that he wanted someone with prior coaching
experience. Although Louisa is clearly a great player, she has never coached before.
To win, the plaintiff must now prove that the employer intentionally discriminated
Either by showing tht the reasons offered were simply a pretext (excuse or
coverup), OR a discriminatory intent is more likely than not.
EX: Louisa might show that Harry had recently hired a male tennis coach who had no
prior coaching experience.
2. Disparate impact
-Company says they’re not “discriminatory” but in reality they exclude way too many people of
a protected group.
-Key difference is in disparate impact plaintiff doesn’t have to PROVE intentional discrimination
-The required steps in a disparate impact case are:
The plaintiff must present a prima facie case
The defendant must offer some evidence that the employment practice was a job-
related business necessity
To win, the Plaintiff must now prove either that the employer’s reason is a pretext or
that other, less discriminatory rules would achieve the same results
3. Hostile environment
Employers violate Title VII if they permit a work environment that is so hostile toward people in
a protected category (race, color, religion, sex, national origin, pregnancy, age, or disability) that
it affects their ability to work.
Sexual harassment: (2 categories)
1)Quid pro quo harassment occurs if any aspect of a job is made dependent upon sexual
activity
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2)if sexual talk and activity are so pervasive that they interfere with the employee’s
ability to work.
The Supreme Court has ruled that same-sex harassment is also a violation of Title VII.
Hostile Environment Based on Race, Color, National Origin are also valid claims for hostile
environment.
Employment liability for harassment:
company is liable if it knew or should have known about the harassment and failed to stop it.
Also liable even if they didn’t know abt harassment if:
-employee suffered a “tangible employment action” such as firing, demotion or reassignment
-OR if employee didn’t suffer action, company is still liable unless proved tht
1) they used reasonable care to prevent and correct harassing behavior, and
2) employee unreasonably failed to take advantage of the complaint procedure or
other preventive opportunities provided by the company.
4. Retaliation
prohibits employers from retaliating against workers who:
oppose discrimination
bring a claim under the statute
or take part in an investigation or hearing.
-to win, plaintiff must prove tht discrimination was a motivating factor AND tht the retaliatory
action would not have occurred if it were not for the defendant’s discriminatory intent (BUT for
causation).
Religion
Employers can’t discriminate based on religion.
PLUS must provide accommodation for religion UNLESS the request would cause undue
hardship for the business. EX: the girl with hijab not hired at Abercrombie. Abercrombie
lost cuz they could’ve reasonably accommodated her.
Sex
gender must be irrelevant to employment decisions. If it is smth requiring a specific
gender to do he job u need to use bona fidel.
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
5th - prohibits the federal government from depriving individuals of life, liberty, or property without the due process of law. 14th- prohibits state governments from violating an individual"s right to due process and equal protection. 15th- prohibits restrictions on the right to vote because of race or color. Equal pay act 1963 a worker may not be paid at a lesser rate than employees of the opposite sex for equal work. It"s not the job title tht determines equal work, equal work means tasks that require equal skill, effort and responsibility under similar working conditions. Title vii of the civil rights act 1964. Its illegal to discriminate against someone under the protected categories (race, color, religion, sex, or national origin), if tht workplace has 15+ employees. All of these activities are illegal if used against anyone in a protected category: disparate treatment.
