LEGL 2700 Chapter Notes - Chapter 20: Lilly Ledbetter, Civil Rights Act Of 1964, Disparate Impact

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CHAPTER 20 EMPLOYMENT DISCRIMINATION
1. Civil Rights Act of 1964 (Title VII) prohibits discrimination based on race, color, religion,
sex (gender), or national origin (does not protect sexual orientation); only applicable to
companies with 15+ employees
a. Prohibited Discrimination includes discharge, refusal to hire, compensation, terms,
conditions, or privileges of employment (including promotion)
b. Enforcement Equal Employment Opportunity Commission (EEOC) has primary
enforcement responsibility
1) File a claim with EEOC and then they investigate and determine whether
there is a violation or not; if so, they will try to make a broker settlement, if you
do not like the settlement you can go to the feds
2) Statute of Limitations 180 days (6 months)
3) Example: Lilly Ledbetter vs. Goodyear clock started right when
discrimination happened not when she found out, so it was too late
a) Lilly Ledbetter Act: pay discrimination; clock now starts when you
find out; resets with each paycheck until you find out there was pay
discrimination
c. Litigating Discrimination Cases
1) Disparate Treatment the employer intentionally (explicitly) discriminated
against the plaintiff (direct discrimination); or plaintiff was being harassed
a) Defenses: Bona Fide Occupational Qualifications (BFOQ)
discrimination on the basis of religion, sex, or national origin may be
permissible when absolutely necessary for the job (NEVER a BFOQ for
race or color; not even for movies)
i. Primarily religious institutions, ministerial, actor/actresses
2) Disparate Impact the employer’s practices or policies had a discriminatory
effect/impact on a protected group, but policy is facially neutral doesn’t
explicitly mention protected classes)
a) Defenses: Business necessity defense policy is job related, not
necessary but helpful; make certain qualifications like strong and tall to
rule out women (ex: security, bouncers, construction)
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