Equal Pay Act (1963)

1
Equal Pay Act (1963) Must pay males and females
equal rates for the same job Exemptions A
merit system or a system which measures earnings
by quantity or quality of production or to
employees who work in different locations,
provided that such differences are not the result
of an intention to discriminate because of sex
2
Title VII 1964 (Basic Protections)

• Illegal for employers to discriminate (hiring,
  discharge, compensation, terms, conditions, or
  privileges of employment) because of race, color,
  religion, sex, or national origin (protected
  groups)
• Applies to public and private companies with 15
  or more employees
• Exemptions
• Not illegal if differences are the result of
• A bona fide seniority or merit system,
• A system which measures earnings by quantity or
  quality of production
• Those who work in different locations,
• ? Provided that such differences are not the
  result of an intention to discriminate because of
  race, color, religion, sex, or national origin
• Not illegal to give and to act upon the results
  of any professionally developed ability test
  provided that such test, its administration or
  action upon the results is not designed, intended
  or used to discriminate because of race, color,
  religion, sex or national origin.
• Test Scores --- Cannot, on the basis of race,
  color, religion, sex, or national origin,
• Adjust scores
• Use different scores
• Alter results of tests

3
Griggs v. Duke Power

• Basic Principles
• A) All requirements and "tests" must be related
  to the job
• B) Intent to discriminate does not need to be
  proven
• C) If disparate impact is shown to exist, then
  the burden of proof is on the company to justify
  its requirements (show that they are job related
  and related to business necessity
• D) Disparate impact (as well as disparate
  treatment) is prohibited by Title VII
• use of the 4/5 rule

4
Title VII Process

• Phase 1 Challenger --- Evidence (often
  statistical) that a specific, identified
  employment practice disproportionately excludes
  protected group members (establishment of a prima
  facie case)
• Often a comparison of two percentages within
  a company and outside the company
  (representation statistics)
• Relevant labor market (those possessing
  requirements for the job in a given area (e.g.,
  city, state, region, national)

Phase 2 Company --- Proof that the challenged
practice is job-related and consistent with
business necessity
Phase 3 Challenger --- Proof there is an equally
valid, job-related practice with less or no
adverse impact
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Age Discrimination in Employment Act (ADEA) Basic
Protections

• Protected group Individuals 40 years of age
  or older (employees and job
• applicants)

• Two Basic defenses in ADEA cases ---
• (1) BFOQ
• A) That the BFOQ is reasonably necessary to the
  essence of the business and
• B) That it has reasonable cause, i.e., a factual
  basis for believing that all or substantially all
  persons within the protected age group would be
  unable to perform safely and efficiently the
  duties of the job involved, or whether it is
  impossible or impractical to deal with persons in
  the protected age group on an individual basis
  (Usery v. Tamiami Trail Tours, Inc. 1976, pg.
  1241-1242).
• (2) Reasonable Factor Other Than Age (RFOA)
• Company must offer proof that the factor used
  was NOT age but another factor that is not
  unreasonable (even though the other factor is
  related to age (e.g., job tenure)

6
Americans With Disabilities Act (ADA)

• Disability A qualified individual (able to
  perform the essential functions of the job with
  or without reasonable accommodation) who
• 1) has a physical or mental impairment that
  substantially limits a major life activity (e.g.,
  hearing, seeing, speaking, breathing, performing
  manual tasks, walking, caring for oneself,
  learning or working)
• has a record of a substantially limiting
  impairment
• is regarded as having a substantially limiting
  impairment

• Role of mitigating (correctable) factors

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Americans With Disabilities Act (ADA cont.)

• Examples of reasonable accommodations
• acquiring or modifying equipment or devices,
• job restructuring,
• part-time or modified work schedules,
• reassignment to a vacant position,
• adjusting or modifying examinations, training
  materials or policies,
• providing readers and interpreters, and
• making the workplace readily accessible to and
  usable by people with disabilities.
• Factors used in determining the reasonableness
  of accommodations
• the cost of the accommodation
• the employer's size
• financial resources
• the nature and structure of a companys
  operations

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Maternity and parental leave policies A
comparative view (before the FMLA)
Country Duration Job security Amount/duration Recipient
Canada 17 41 weeks Yes 60 / 15 weeks Mother
Italy 22 48 weeks Yes 80 / 22 weeks Mother
Germany 14 26 weeks Yes 100 / 14-18 weeks Mother
Sweden 12 52 weeks Yes 90 / 36 weeks Mother or Father
Finland 35 weeks Yes 100 / 35 weeks Mother or Father
Austria 18 52 weeks Yes 100 / 20 weeks Mother
Chile 18 weeks Yes 100 / 18 weeks Unspecified
United States 0 0 0 0
9
Family and Medical Leave Act (1993)

• Applies to organizations with 50 or more
  employees (originally was 15 or more)
• !2 weeks of leave for any 12 month period (leave
  is unpaid originally was 26
• weeks for medical and 18 weeks for family
  leave)
• Covers mothers and/or fathers
• Leave reasons
• Birth and caring for a child
• Adoption or foster care for a child
• Care for a spouse, child, or parent with a
  serious health condition
• Serious health condition of the employee (unable
  to perform job functions)

• Job security is protected (must be given same
  or equivalent position)
• Key employees not covered (those among the
  highest paid 10 percent
• of the employees working for the company
  within 75 miles of the facility
• at which the employee is employed)

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Sexual Harassment (Basic Points)
Sex as a sex as a condition of employment or
basis for employment decisions or behavior of a
sexual nature that is unwelcome and that
unreasonably interferes with ones work
performance or creates an intimidating, hostile,
or repressive work environment
1) Quid Pro Quo (sex as a condition of
employment or basis for employment decisions) 2)
Environmental harassment (behavior of a sexual
nature that is unwelcome and that unreasonably
interferes with ones work performance or creates
an intimidating, hostile, or repressive work
environment)
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Sexual Harassment (Some Key Factors)

• Investigating the record as a whole
• Viewing the totality of the circumstances
  (e.g., nature of the relationship, nature of the
  sexual advances, context in which the behaviors
  occurred)
• Examining the evidence on a case by case basis
• Conduct is potentially illegal if the
  organization knew or should have known of
  sexual behavior
• Sources of harassment
• Supervisors (company responsibility agent of
  the company)
• Co-workers (corrective action)
• Clients (extent of company control)

12
Summary of Meritor Savings v. Vinson Findings
(1986)

• Sexual harassment is a form of sex discrimination
  and thus a violation of Title VII of the Civil
  Rights Act
• Both tangible job benefit (Quid Pro Quo) and
  environmental harassment are violations of
  Title VII. That is, it can exist under
  conditions where it creates a hostile or
  repressive work environment.
• A company is not immune from legal liability when
  it had a grievance procedure and policy against
  sexual harassment.
• Even if sexual behavior is voluntary the key is
  that it is unwelcome.
• The plaintiffs provocative behavior and dress
  are admissible as evidence.
• 6) A company is not automatically liable for
  environmental sexual harassment

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Vignettes

• A group of male sales representatives come to see
  you. They say they no longer want to be sent on
  out-of-town assignments with female colleagues
  because they are afraid of sexual harassment
  charges.
• Do you assure the men they dont have to travel
  with women?
• Tell the men their fears are groundless?
• Arrange for a sexual harassment training
  session?
• Call a department meeting to discuss the
  matter?
• Barb just lost a lot of weight. She starts
  coming to work in very short, tight skirts and
  clinging tops.
• Do you ask nothing?
• Call Barb in to tell her to dress more
  appropriately?
• Send Barb a memo asking her to dress more
  appropriately?
• 3. XYZ Company is your biggest account. The
  buyer has been making unwelcome sexual advances
  to several women in your office.
• Do you ask the women to ignore it?
• Tell the buyer not to come back?
• Tell the buyer to change his behavior?
• Call the buyers boss?