Sm 405 chapter 6


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Sm 405 chapter 6

  1. 1. Chapter 6 Hiring, Promotion, Termination, Compensation, and Leave Darrell Kelton SM 405 Sport Law
  2. 2. Hiring, Promotion, and Termination Decisions • Discrimination should never factor into an organizations Hiring, Promotion and Discrimination based on • Race • Gender • Age • Disability • Compensation
  3. 3. Discrimination based on race • Race based discrimination can be extremely hard to prove especially with high profile jobs(Coaches, Athletic Directors) • Federal laws are in play to prevent race based discrimination -Title VII
  4. 4. Title VII • Protects Race, race, color, religion, sex, national origin • Impacts employers that effect interstate commerce • Equal Employment Opportunity Commission(EEOC) is the federal agency responsible for enforcing Title VII
  5. 5. Proof of discrimination Disparate treatment -direct evidence When an employer is accused of intentionally discriminating against an employer it must be proved through direct evidence of intent Disparate treatment- Inference The majority of time direct evidence is hard to come by in discrimination cases, when this is the cases intent can be proved through the McDonnel Douglas test Bona fide occupational qualification defense(BFOQ) “The employer must show that the alleged discrimination was justified because members of the excluded protected class could not effectively perform the essential job functions.
  6. 6. Title IX • Title IX prevents any program receiving federal financial assistants from discriminating based on sex • Three pronged test to show compliance with title IX
  7. 7. Equal protection clause • The Equal protection clause(EPC) is a part of the fourteenth amendment • Only applies in cases where the state or federal government are the employer • The majority of the sport cases that deal with the EPC deal with race and sex • The test established to determine whether the EPC has been violated -Strict Scrutiny -Intermediate Scrutiny -Rational basis review
  8. 8. Discrimination based on age • Many older employees are being let go because younger staffs are usually cheaper • The Age and Discrimination in Employment (ADEA) protects employees ages 40 and older • There are defenses that allow employers to let go of older employees without legal consequences -Good Cause Defense -Reasonable factors other than age defense
  9. 9. Discrimination Based on Disability • Two major federal Statutes are in place to protect people with disabilities from discrimination - section 504 of the Rehabilitation act - Americans with Disabilities act of 1990 • Employers cannot terminate someone with a disability based off of that disability if they are cable of doing there job
  10. 10. Defenses • Significant risk exception is common in sport disability cases, does the disability pose a direct effect to others • “Employer can show could also show that the disabled person was fired or not hire because she could not perform essential functions of the job” (Sharp et al, P. 124)
  11. 11. Compensation Discrimination • In the 1990’s many female college basketball coaches filled suits, pay wasn’t comparable to men’s team coaches even though they were doing the same job -Suits can be filled under Title VII, the Equal Pay Act of 1963, and Title IX -Resulted in the equal pay act (differentials permitted, Merit/seniority)
  12. 12. Employee Leave • “Sometimes employees are subject to employment discrimination because of their desire to take an extended leave of absences because they are pregnant or because they must contribute to the childcare needs of the family”
  13. 13. Pregnancy/Family Leave • “Pregnancy discrimination claims increased by 31% from 1992-2005” (Sharp Et al, P. 128) • Some employers do not feel responsible for long maternity leaves • Some employers feel that employee will become less dependable after child birth • Pregnancy discrimination act (PDA) was added to title VII in 1978 • “For Employees who have worked at least one year, the family and Medical Leave Act of 1993 guarantees up to 12 weeks unpaid leave per year” (Sharp Et Al ,P. 129)