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- 1. 42 U.S.C. §2000eet seq.!
- 2. • A federalanti-discrimination law that prohibits employment discrimination based on race, color, religion, sex, or national origin.!
- 3. All government and private sector employers employing at least 15 employees! Unions having at least ! Employment 15 members or agencies! which operate hiring halls!
- 4. • When anemployer refuses to hire, discharges or otherwise discriminates against any individual with respect to his compensation, terms, conditions, or privileges of employment because of his protected status.! • When an employer acts to limit, segregate, or classify her employees or applicants for employment in any way which would deprive or tend to deprive any individual of employment opportunities because of his protected status.!
- 5. • Whether theemployer was motivated to treat individuals less favorably than others because of their protected status at the time it made the employment decision in question?!
- 6. • What happenswhen there is evidence that an employer rejects a candidate belonging to a protected class because of discriminatory motives and evidence also exists showing that the employer relied on non- discriminatory considerations?!
- 7. • Section 703(e)states that discrimination is not unlawful “in those certain instances where religion, sex, or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of that particular business or enterprise.” 42 USC section 2000e-2(e).!
- 8. • Where anemployer does not intentionally treat employees differently based on their protected class, but its actions still have an adverse effect on employees.!
- 9. No! Start! Examination of an employer’s procedures! An employee selection device is used! Does it have an adverse impact on a protected No! You can use the procedure. There are no group?! Title VII implications.! Yes! Is there an adverse impact in the overall result No! Federal enforcement agencies are not likely of all selection devices used? (The bottom line.)! to pursue actions against the employer. Individuals may still seek recourse.! Yes! No! Has the test, device, or procedure been found The employer’s procedure violates Title valid? (Does it protect job performance?)! VII ! Yes! Can the employee demonstrate the availability Yes! Employer’s refusal to employ these of alternative and validated selection devices alternatives would demonstrate employer’s and that the employer refused to employ them? ! efforts to discriminate.! No! OK. You can use the procedure despite its disparate impact on a protected group.!
- 10. • Affirmative actionrefers to a choice by employers to take steps to ensure employment opportunities for members of groups historically excluded from various job categories.!
- 11. • Title VIIprohibits discrimination based on sex. “Sex means a person’s gender -- not his/her sexual orientation. It also includes pregnancy, childbirth, and related medical conditions.!
- 12. • Discrimination onthe basis of sex include but are not limited to because of or on the basis of pregnancy, childbirth or related medical conditions; and women affected by pregnancy, childbirth or related medical conditions shall be treated the same for all employment related purposes...as other persons not so affected but similar in their ability or inability to work...Section 701K!
- 13. Title VII protectsfrom discrimination workers who ! Made a charge, testified, Opposed any • ! unlawful practice! and! assisted, or participated in an investigation, proceeding, or hearing under the Act.!
- 14. • The EqualEmployment Opportunity Commission (EEOC) investigates complaints of Title VII violations. It has the authority to file lawsuits in federal court to enforce the statute. Individuals may also file lawsuits in either state or federal court.!
- 15. Charge filed -180 day limitation! EEOC Employer notified of charge - 10 day limitation! processing of EEOC investigation! charges of Fact-finding conscience! discrimination! in non-deferral EEOC determination! states! Reasonable cause! No cause - charge dismissed! Conciliation efforts unsuccessful! Private Employer! Public Employer! Individual lawsuit! Suit by attorney general/ Suit dismissed by EEOC/ individual suit - 90 day individual suit - 90 day limitation! limitation! Federal District Court! Appellate Court! Supreme Court!
- 16. Reinstatement and promotion! Wages and ! Money Damages! job-connected losses! Remedies! Attorney’s Fees! Injunctive Relief!
- 17. Preemption! • ! Extension! Supplementation!
- 18. • California FairEmployment and Housing Act applies to! Private employers State and Labor with 5 or local organizations! more governments! employees! State Employment licensing agencies! boards!
- 19. No! Inquiry to DFEH! Fair Employment and Housing Act Employment Complaint Intake Interview! Flow Chart! Complaint files, registered and served (where there is After interview, complainant decides not to concurrent jurisdiction with the EEOC, the complaint is pursue! dual filed and referred. The complaint will be investigated by DFEH! Non-jurisdictional cases and those not supporting further inquiry are closed! Pre-determination resolution explored ! If resolved, case is closed! Investigation! If no provable violation, case closed! If investigation shows a provable violation, If settled, case closed! resolution attempted! Formal conciliation if resolution effort unsuccessful! If conciliation successful, case closed! Accusation issued and Administrative Hearing or Either party can elect to have the Lawsuit. If emotional distress damages or administrative Department litigate in court in lieu of an fines are sought in a DFEH accusation, the Respondent may elect to have the case litigated in civil court.! administrative hearing!
- 20. • Department of Fair Employment and Housing! • Sacramento District Office! • Sacramento, CA! • 916-445-5523! • 800-884-1684! • www.dfeh.ca.gov!