Wk4 1 hr2
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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