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Civil Rights Act of 1964
Anti-discrimination laws at the federal level. Prohibits certain discrimination based on race, sex, color, religion, and nat'l origin.
Three fifths of all other persons
How the constitution itself recognizes slavery by saying that slaves should count as "three fifths of all other persons" determining population in House of Representatives.
President Franklin D. Roosevelt's contribution
In connection w the war effort he issued executive orders in 1941 and 1943 requiring the clause prohibiting racial discrimination in all federal contracts w private contractors.
Who do the provisions of Title VII of the Civil Rights Act of 1964 apply to?
Employers w 15 or more employees, labor unions, and certain other employers. Major purpose of these laws is to eliminate job discrimination.
Bona Fide Occupational Qualifications [BFOQ]
Discrimination for any of these reasons is a violation of the law, except by employers, employment agencies, and labor unions can discriminate on the basis of religion, sex, or nat'l origin where these are Bona Fide Occupational Qualifications reasonably necessary to normal business operations.
Types of Employer action in which discrimination is prohibited:
- * Discharge.l
- *Refusal to hire.
- *Terms, conditions, or privileges of employment.
True or False
Discrimination in employment on the basis of race or color can almost never be a BFOQ.
Equal Employment Opportunity Commission [EEOC]
- Primary responsibility of enforcing the provisions of the act.
- Composed of 5 members, not more than 3 of whom may be members of the same political party, Appointed by the president, serve a 5 year term.
- Duties: Authority to hold hearings, obtain evidence, and subpoena and examine witnesses under oath.
- Limitations: charges must be filed w/i 180 days after notice of the unlawful practice.
- 1991- congress amended civil rights Act to allow the recovery of compensatory and punitive damages up to 300k per person
Define Disparate Treatment
Disparate [unequal] treatment
The plaintiff must convince the court that the employer intentionally discriminated against the plaintiff.
What is Disparate Impact?
Plaintiff must prove that the employer's practices or policies had a discriminatory effect on a group protected by Title VII.
Business Necessity Defense
Used. to defeat the plaintiff's claim of Disparate Impact.
Defense requires that the employer prove that the practices or policies used are job related and based on business necessity.
Third type of discrimination cases, it is illegal for employers to retaliate against employees for making a complaint. [discrimination charges, giving testimony in a discrimination case, or in any way participating in a discrimination investigation]
Title VII prohibits discriminatory employment and practices based on race or color that involve what employer duties?
Recruiting, hiring, and promotion of employees.
Largest filing of discrimination is from what race?
Discrimination on the basis of Nat'l Origin under Title VII is prohibited unless what?
It is justified by business necessity.
Discrimination on the basis of religion under Title VII is prohibited and requires employers to do what?
Accommodate w/i reason the religious needs of their employees if it does not result in undue hardship to them.
Discrimination on the basis of sex is prohibited by Title VII.
- Classifying job's male or female. Advertising for hiring as such.
- Hooters example.
Sexual harassment cases typically involve what arrangement?
A plaintiff who has been promised benefits or threatened w loss if she or he does not give sexual favors to an employment supervisor. [aka quid pro quo meaning this for that]
Under Title VII and agency law, an employer is liable for this sex discrim.
Title VII of the 1964 Civil Right Act Section 1981 provision to the Civil Rights Act of 1866 states what?
a Plaintiff can immediately sue an employer in federal court w/o first going through the EEOC.
Unlimited damages [compensatory and punitive]
What does Section 1981 not cover?
Discrimination based on sex, religion, nat'l origin, age, and handicap.
Discrimination on the basis of disabilities applies to what?
- any physical or mental impairment that substantially limits one or more of an individual's major life activites.
- Remedies under the ADA [americans with disabilities act]