Employment Discrimination and Sexual Harassment These are both Federal Laws Price is that which is given up in an exchange to acquire a good or service Price means one thing to the consumer, but something else to the seller The customer views price as the cost of making a purchase Not all customers respond to a low price Employment Discrimination Example: In the past, women were thought to be bad luck in the coal mines, so they couldn?t work there Laws passed in the 1960?s Forbidding Discrimination Title VII of the Civil Rights Act of 1964 Employer cannot discriminate based on race, religion, national origin, color Age Discrimination in Employment: Act of 1976 Bars discrimination against workers aged 40 or over Americans with Disabilities Act of 1990 Bars discrimination against physical/mental disabilities Ex: Company must have wheelchair accessible ramps Interview Process: cannot ask religion, etc., unless it?s directly related to the job Fiscal Years Changes: Types of Unlawful Discrimination Disparate Treatment Disparate=different Intentional Discrimination due to race, religion, etc. Example: ?We do not want Jewish people in our workplace? Disparate Impact Unintentional Practices have greater adverse impact on members of a protected class Intent doesn?t matter (demographics) Example from the past: ?Must have a high school diploma to be hired for this job. *This rule didn?t make much sense, because the job was SO easy, that one definitely wouldn?t need a high school diploma to do the job. In this case, African Americans were discriminated against? and this is not fair.? There is an EFFECT of disproportionate amounts of employees Exceptions: Bona Fide Occupational Qualifications Employers CAN discriminate on the basis of these Very prevalent regarding gender Example: Prof. Clark cannot really be on the cover of a magazine advertising women?s swimsuits as the model. Appearances comes into play based on the qualifications needed to do the job properly Enforcement: Done by the EEOC Remedies- Injunctions to stop current act Injunctions are legal orders to stop discriminating Affirmative Action programs to make up for past discrimination *Judge certifies Wal-Mart classification lawsuit: 1.6 million women charge Wal-Mart for sexual discrimination! Largest civil rights class action suit ever! Women say they are being discriminated against on the basis of hiring, pay, and promotion Sexual Harassment Old phenomenon, New attitude Not as prevalent as in the past Violation of Title VII (sexual harassment) 71% of women experience sexual harassment during their careers, and it is still happening today. Legal definition of sexual harassment: ?Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment where?? 1. A Quid Pro Qui id involved and/or ?this for that? 2. A Hostile Work Environment is created More vague Uncomfortable Any sexual reference Employers are responsible for the conduct of their employees AND their customers/clients. Charges are always brought against the employers because they are responsible and in charge of their business, and therefore employees. (Although, this doesn?t mean employers can?t fire their employees if they are charged with harassment). Also, if the customer makes references to an employee, the employee can file a lawsuit against their employer for not preventing this. Recent Court Decision: Unnecessary to prove psychological or physical damage Rationale: ACT itself is illegal, shouldn?t need to prove anything else Extends to educational settings under Title VII of the Civil Rights Act Not only in the workplace! This deals also with universities, etc. 2001 2006 Race 28,912 27,238 Sex 25,140 23,247 National Origin 8,025 8,327 Religion 2,127 2,541 Age 17,405 16,548 Disability 16,470 15,964
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