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ACCT 315 CH 41
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Civil rights act of '64 Title 7: prohibits discrination based on
race
color
national origin
sex
religion
Disparate Treatment
Intentional discrimination by employer to someone of a protected class
must prove member of protected class
Disparate Impact
practices or procedures, not intentionally discrimanatory, but have adverse effect on protected class
employers are required to _______ accomodated employees beliefs / religion
reasonably
unless causes undo hardship
doesn't have to be any religion/ sect/ church as long as emploee believes it
when can you discriminate against someones gender?
when employer ccan prove gender is essential to the job
(male underwear model, must be male)
constructive discharge
working conditions intolerable
employee leaves voluntarily
Two types of Sexual Harassment under Title 7
Quid Pro Quo
hostile environment harassment
Title VII prohibits both _______ and ________ discrimination
intentional
unintentional
Quid Pro Quo
demands for sexual favors in exchange for soem workplace benefit
must have "tangible employment action"
Hostile Work Environment
any language or conduct that is sexually harassing.
with intimidation that it alters condition of victims employment
needed to claim hostile work environment
conduct must be so offensive to a reasonable person AS WELL as the victim. Must be severe and persuasive
When is company responsible for harrassment
when its by supervisors
or if it was noted by supervisor and they failed to do anything
or if employers failed to protect you from non employees
Remedies Under title VII
reinstated
backpay
retroactive promotions
damages
discrimination based on age
only for people 40 or over
federal law for people 40 years of age and older
ADEA
are state employees covered by ADEA
NO
are federal employees covered by ADEA
explicitly
Americans with Disabilities Act: employee must be ________ for employment
qualified
dont have to higher just cause they're disabled
when providing reasonable accomodations for disabled employees, reasonable accomodations ends at:
when it becomes an undue hardship
Companies must follow ADA only if they have _____ or more employees
15
4 basic defenses for companies
business necessity
bona fide occupational qualification defense
----particular skill is necessary
seniority system defense
----job benefits for length of time someone has been employed
after-acquired evidence
----evidence of misconduct after YOU discriminated... (find employee was stealing)
are private employers required to use affirmative action??
NO
Author
Anonymous
ID
49433
Card Set
ACCT 315 CH 41
Description
civil rights act
Updated
2010-11-14T17:27:54Z
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