ACCT351 Lecture Notes - Lecture 5: Abercrombie & Fitch, Equal Employment Opportunity, Civil Rights Act Of 1964
ACCT 351 Week 5
Equal Employment
Equal Opportunity Employment Commission (EEOC) — created by
congress, administers federal employment discrimination laws, enforces
and interprets the laws, brings cases in federal court, writes rules
1. Adverse Employment Action (Environment can be bad too) - no hire,
fire, job action, performance
2. Protected class or not? Title VII
3. Fit into a theory category of Title VII
1. Disparate Treatment
1. employee is treated differently because of protected class
2. requires proof of motivation
2. Disparate Impact
1. Exception for BFOQ is narrow but applied to discrimination
based on age. CAN NEVER APPLY TO RACE OR COLOR.
Age 21 to serve alcohol.
2. CASE EX: Alabama corrections require employees to be at least
5’2’’ and 120 lbs
3. Focus on the effect of employment policies not motive behind
them
4. Facially neutral policies —> impact on a class disproportionate
impact
5. Not reasonably necessary to the proper conduct of the business
— affirmative defense
EEOC v. Abercrombie & Fitch
• A practicing muslim who wars a headscarf as part of her religious
practice, applied for a job but their look policy says no “caps"
Hostile Work environment
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