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LPP 255 (13)
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Chapter 35

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Syracuse University
Law & Public Policy
LPP 255

CHAPTER 35 • Title VII of the Civil Rights Act prohibits job discrimination against employees, applicants, union members on the basis of race, color, national origin, religion and gender at any stage of employment o An employer with fewer than 15 employees is not automatically shielded from a lawsuit filed under Title VII • EEOC (Equal Employment Opportunity Commission) monitors Title VII o Avictim must file with EEOC first then file a suit o EEOC investigates and tries to get an out of court settlement • Intentional discrimination= disparate treatment discrimination o Intent is difficult to prove  1. Must show that the employee is a member of a protected class  2. Applied and was qualified for the job in question  3. Was rejected by the employer  4. The employer continued to seek applicants for the position or filled the position with a person not in a protected class • If you meet all these you made out a prima facie case of illegal discrimination • Means the plaintiff has met her initial burden of proof and will win unless the employer can present a legally acceptable defense • If the employer says there was lack of experience o To prevail, the plaintiff must show that the employers reason is pretext (not true) and that discriminatory intent actually motivated the decisions • Unintentional discrimination= disparate impact discrimination o When a protected group of people is adversely affected by an employers practices, procedure or tests even though they do not appear to be discriminatory  Minimum educational requirements  Complaining party must use 2 statistical methods to prove • 1. Pool of applicants test- prove a disparate impact by showing that the % of the protected class in the employers workforce does not reflect the % or that group in the pool of qualified individuals available in the local labor market • 2. Selection Rate- compare with members of a protected class with the selection rates of nonmembers, regardless of the relative percentages of the two groups in the employer’s workforce o According to EEOC selection rate for protected class is less than 80% of the rate for the group with the highest rate of hiring generally will be regarded as evidence of disparate impact • Prima facie case is established when the impact is proved through these 2 methods AND a casual link between the employers practice and the discriminatory effect • Reverse discrimination= discrimination against a majority group • Equal PayAct= prohibits gender based salaries • Constructive discharge= employer causes the employees working conditions to be so intolerable that a reasonable person in the employees position would feel compelled to quit o Proof and causation • Sexual harassment= o 1. Quid pro quo= harassment and hostile-environment harassment  Something in exchange for something else  Sexual favors are demanded in return for job opportunities  “The workplace is permeated with discriminatory intimidation, ridicule, and insult, that is sufficiently severe or pervasive to alte
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