ch 16 Employment Discrimination Laws Overview

Employment Discrimination Laws

• Title VII of the 1964 Civil Rights Act: Prohibits discrimination based on race, color, religion, sex, or national origin by employers with 15 or more employees. Amended in 1972, 1978, and 1991. Empowers the Equal Employment Opportunity Commission (EEOC) to enforce the Act.

• Maine's Human Rights Act (MHRA): Modeled on Title VII, but also prohibits discrimination based on sexual orientation.

• Protected Classes: Race, color, religion, sex, national origin, and (in Maine) sexual orientation are protected classes.

• Reverse Discrimination: Illegal unless members of a protected class are underrepresented in a job category.

• National Origin: The country of birth or ancestry of an individual.

• Religion: Includes all aspects of religious practice and belief, and covers atheists. Employers must reasonably accommodate religious practices except for undue hardship.

• Sex: Title VII prohibits discrimination based on gender, pregnancy, childbirth, or related medical conditions. The Supreme Court's Bostock v. Clayton County ruling extends protection to sexual orientation and gender identity.

• Sexual Harassment: Unwelcome sexual advances, requests for sexual favors, or other verbal/physical conduct of a sexual nature when

  • Submission becomes a term or condition of employment
  • Used in employment decisions
  • Creates a hostile work environment.

• Types of Sexual Harassment:

  • Quid Pro Quo: Promises or threats related to employment in exchange for sexual favors.
  • Hostile Work Environment: Harassment severely/pervasively affecting work.

Bringing a Discrimination Charge

• Filing a Charge: Employees must first file a charge with the EEOC or the appropriate state agency (e.g., the MHRC in Maine).

• Investigation: The EEOC (or state agency) investigates the claim.

• Resolution: Parties may settle, the EEOC (or state agency) issues a right to sue letter, or the EEOC (or state agency) rarely sues the employer.

• Lawsuit: Employees with a right to sue letter can file a lawsuit in federal or state court.

Discrimination Lawsuit Categories

• Disparate Treatment: Plaintiff must prove intentional discrimination. The McDonnell Douglas Test has three stages:

  • Prima Facie Case: Plaintiff establishes they belong to a protected class, met job qualifications, suffered an adverse action, and the action suggests discrimination.
  • Employer's Burden: Employer provides legitimate, nondiscriminatory reason for decision.
  • Plaintiff's Rebuttal: Plaintiff shows the employer's rationale was merely a pretext (an excuse).

• Disparate Impact: Employer's rule or practice affects protected groups differently. Key issues include:

  • Whether employer's rules discriminate based on protected class.
  • Whether the rules are justified by business necessity/job requirements.

• Legitimate Affirmative Defenses: Bona fide seniority/merit programs, bona fide occupational qualifications.

Remedies in Discrimination Cases

• Back Pay: Paid from the date of discrimination until present.
• Front Pay: Paid for lost future income/career opportunities.
• Compensatory Damages: Court-awarded damages (emotional distress, medical costs, etc.).
• Punitive Damages: Damages meant to punish the employer for reckless disregard when found liable.
• Attorney's Fees: Often awarded to the plaintiff, but rarely to a successful defendant.

Age Discrimination in Employment Act (ADEA)

• Protection: Forbids age discrimination for those over 40 by employers with 20 or more workers.

• Remedies: Mimics Title VII, but successful plaintiffs cannot receive compensatory or punitive damages or attorney fees.

Disability Discrimination (Americans with Disabilities Act - ADA)

• Protection: Prohibits discrimination based on disability by employers with 15 or more employees.

• Prima Facie Case:

  • Plaintiff has a disability
  • Employer knew of the disability
  • Plaintiff can do job with reasonable accommodations
  • Employer refused to make accommodations.

• Disability Definition: Physical or mental impairment substantially limiting major life activities, a record of impairment, or being regarded as having an impairment.

• Reasonable Accommodations: Must be provided for without undue hardship to the employer.