Employment Discrimination. Ch 21

Protects

Race

Color

National Origin

Gender

Equal pay Act

Pregnancy is included

Religion

Reasonable Accomodation

Unless

Undue Harship

Huge Economic loss

Affects

interstate commerce

15 employees

Equal employment Opportunity Commission

EEOC

Discrimination

Intentional

Disparate-treatment discrimination

Prima Face Case

Member of protected class

Applied and qualified

Rejected

Someone out of her protected class takes the job

Shifts burden of the proof to the defendant

Defensive reason to hire someone else

Pretext

Unintentional

Practice that affects members of a protected class

plaintiff must present causal link

Prima facie

Pool of applicants

Rate of Hiring

4/5

Defense

Justified

Race, Color, Nat Origin

Prohibited

No reverse discrimination

Against Majority group

Section 1981

More damages

Constructive Discharge

Peer pressure

Sexual harassment

Quid pro quo

sexual favors

Hostile environment

Supervisors harassment

Reasonable care to prevent sexual harassment

Harasers fail to follow the policies

Retaliation by employer

Empoyee demands cannot fire him

50000

100

300000

more than 500

Age Discrimination

ADEA

Requisites

Over 50

more than 20 employees

Age

Disability

15

reasonable accomodation

Undue harship