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Wk4 1 hr2
 

Wk4 1 hr2

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    Wk4 1 hr2 Wk4 1 hr2 Presentation Transcript

      • REVIEW
      • H.R. MGMT II
        • Discrimination in employment
        • Sexual harassment
      • WRAP-UP
      • REVIEW: PROVISIONS OF EMPLOYMENT CONTRACT
        • Reassignment
        • Compensation
        • Terms of employment
        • Termination
        • Covenant not to compete
        • Employment at will
      • REVIEW: ENFORCEABILITY OF CONTRACT
        • Promissory estoppel: Agreement w/o consideration is still legally bound if 
          • A reliance is reasonably expected when it was made
          • In fact, there was a reliance
          • The party relied upon has damage
      • DISPARITY IN WORK PLACES IN TERMS OF 
        • Hiring
        • Promotion
        • Discipline
        • Benefits
        • Termination
      • RELEVANT LAW
        • Title VII of the Civil Rights Act (1964 & 1991)
        • Title IX of the Education Amendments of 1972
        • U.S. Constitution (14 th AM Equal protection clause)
        • Age Discrimination in Employment Act
        • Americans with Disability Act of 1990
      • TITLE VII OF CIVIL RIGHTS ACT: SCOPE
        • No discrimination in work place based upon race, color, religion, sex, or national origin
        • Where to apply
          • 15+ employees (Not mom & pop business)
          • Not for independent contractors
          • Not for bona fide membership club (e.g., August National)
          • No “benign” discrimination allowed (e.g., no discrimination against the racial/religious majority, WASP)
      • TITLE VII OF CIVIL RIGHTS ACT: PROCEDURE
        • EEOC: Equal Employment Opportunity Commission
          • Grievance: Local EEOC  Federal EEOC
          • If not resolved at the federal EEOC, petitioner may sue
        • Remedy: back pay, reinstatement, retroactive seniority, attorney fees, etc.
      • TITLE VII OF CIVIL RIGHTS ACT: 2 CAUSES
        • Disparate treatment: Intentional
          • Direct evidence: Rare
          • Inference of discrimination (burden-shift test)
            • Plaintiff: “It was an intentional discrimination”
            • Defendant: “No, we have non-discriminatory reason”
            • Plaintiff: “Defendant’s argument is pretextual”
        • Disparate impact: Protected group negatively affected
          • Law is written neutral but creates unintended discrimination
          • Plaintiff must prove both discriminatory impact + discriminatory intent
      • TITLE IX OF EDUCATION AMENDMENTS
        • No discrimination based upon
          • Gender
          • In education
        • If school receiving federal funds
      • EQUAL PROTECTION CLAUSE: THE LAW
        • 14 th AM of U.S. Constitution
          • Enacted during the reconstruction era after Civil War
          • Targeted racial discrimination
          • Now expanded to all discrimination if done by state
        • “ No state shall make or enforce any law … [to deny] equal protection of the laws”
      • EQUAL PROTECTION CLAUSE: THE LAW
        • Threshold question: Discriminatory practice must be a state action (e.g., state law)
          • Done by state or its branch
          • Example: BGSU Recreation Center discriminating Caucasian students in membership fee
        • Different rule based on types of discrimination
          • Strict scrutiny
          • Intermediate scrutiny
          • Rational basis review
      • EQUAL PROTECTION CLAUSE: STRICT SCRUTINY RULE
        • Discrimination based on “suspect classification”
        • Race, ethnicity, national origin, & alienage
        • Strict scrutiny standard
          • State law must be “necessary” to achieving a “compelling” government interest (otherwise, illegal)
          • Courts almost always strike down
      • EQUAL PROTECTION CLAUSE: INTERMEDIATE SCRUTINY RULE
        • “ Quasi-suspect classification”
        • Gender, legitimacy of birth
        • Intermediate scrutiny
          • State law must be “substantially related” to achieving an “important” government interest (otherwise illegal)
          • Courts usually strike down
      • EQUAL PROTECTION CLAUSE: RATIONAL BASIS REVIEW RULE
        • “ Non-suspect classification”
        • Disability, sexual orientation, age, place of injury*
        • Rational basis review standard
          • State law must be “rationally related” to achieving a “legitimate” governmental goal (easy for government)
          • Courts usually uphold the law
      • AGE DISCRIMINATION IN EMPLOYMENT ACT
        • Age discrimination  subject to “rational basis test” (not enough to protect seniors from discrimination)
        • Congress specifically wanted to protected seniors (40+ years old) by enacting this law
      • CLAIMS UNDER ADA
        • Discrimination based on disability
        • Defense: Undue hardship, significant risk to public
      • TYPES OF SEXUAL HARASSMENT
        • Quid pro quo harassment
          • Harassment was done in exchange of job-related benefits
          • Relatively easy to prove
        • Hostile environment harassment: 2 prong test
          • Whether a reasonable person would have perceived the sexually offensive behavior as hostile
          • Whether the plaintiff’s experience was sufficiently severe to perform his or her job (hard to prove)
      • DISCRIMINATION IN EMPLOYMENT: THE LAW
        • Title VII: Race, color, religion, sex, or national origin
        • Title IX: Gender discrimination in education
        • 14 th AM: “No state … denies equal protection of the laws”
          • Strict scrutiny (suspect classification)
          • Intermediate scrutiny (quasi-suspect classification)
          • Rational basis review (all others)
      • DISCRIMINATION IN EMPLOYMENT: THE LAW
        • ADEA: Prohibits age discrimination
        • ADA: Prohibits discrimination based upon disability