[2015] Payton Murchie (Business Law 2015): Discrimination in Employment

Unequal Treatment: Employer intentionally treats member of a protected class less favorably than other membersCases based on: Direct EvidenceIndirect EvidenceStatisticsEmployer's DefenseBsuiness Necessity: Employer's actions were meant to advance the business rather than to create unjustified discriminationBona Fide Occupational Qualification:

Quid Pro Quo: One thing is exchanged for anotherEx: Boss threatening to fire Hostile Environment:Arises when unwelcoome sexual comments, gestures, or contact interfere with an abilty to work. Employer is generally liable for conduct of non-supversiory employees when harrasment is known.

Discrimination in Employment

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Illegal Discrimination

Prohibiting Laws

Unequal Treatment

Desperate Impact

Sexual Harrassment

Legal Vs. Illegal Discrimination

Neutral on its face: The companies policy makes no reference to a protected class. Statistic ProofApplicant Pool: Those who qulaified for the job without rgard to the challenged praticeWorkforce pool:Persons actually in the employers workforce

Affirmative Action: used to remedy past discrimination*Equal Employment Oppertunitiy Commission*Equal Pay Act of 1963*Age Discrimination in Employment Act of 1967*Americans with Disabilities*Pregnency Discrimination Act

Protected Classes: Race, Color, Gender, Pregency, Age, Religion, Disability, National OriginScope of ProtectionUnjustified dsicrimination in any "term, condition, or privaldge employment" is illegal. Almost all businesses subject to laws for discrimination.

Employment Discrimination

Proving Illegal Discrimination

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What's Your VerdictJannette was emomplyed in a glass factory. Her job was to inspect and pack glass jars in cartons. Men were employed in the same capacity,a nd were required occassionally to lift the packed cartons. The women were paid 10% less than the men were. Is the differnce in pay illegal?

A court would state that the women were entiltled to equal pay becuase of the Equal Pay Act of 1963.

Think Critically About EvidenceSuppose you were in charge of hiring workers to assemble very small eletrical component to make a toy. If you thought that females of Asian ancestry were most likely to do this type of work well, would you limit your interviews to this group of persons only?

You would not be legally able to limit your interviews to only one group of personal. Every racxe, gender, ect has the fair oppertunity for work under the Equal Employment Oppertunity Commision.

Effects of Discrimination