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discrimination laws


undefined, object
copy deck
family and med leave act (FMLA)
for org with > 50 workers, can take <12 weeks/yr unpaid for family/med matters; guar current or = job when return, emp retains ins but must pay out of pocket for cost of coverage
oncale (oil rig)
same sex harrassment
if court finds employer in violations of VII (EEO)
order boss to backpay comp/pun dam; order injunctive relief
complaining to right authority figure
adverse treatment
when protected group member receives
EEO act 72
established EEOC; power to sue org if can't resolve discrim charge in 30 days; can NOT issue direct enforceable orders, can only file suit if org not resolving the charges
relevant executive orders
cover orgs with >$10,000 with fed govt; those with >50 emp and/or $50,000 in fed grants MUST have AFFIRM ACTION
pizza hut
age discrimination in employment act of 67
anyone >39, removed mandatory retirement age
problems with implementing CRA
no guidelines for compliance, title VII written without enforcement mechanisms
civil rights act of 64
can't retaliate against filer of discrimination, ammend for disabled vets and >40, state law can sup marital status, binds most orgs but NOT orgs is <15 people!
WA vs Davis
hiring police officers, pass reading test, no discrim since job related
current status of affirm action
CA 96 prop 209??
grigg's vs duke power
req to pass IQ test, fnd that tests for hiring must be job related
CRA 91
provide punative damage for discrimination, burden of proof on employee
4 reasons for affirmative action
built on premise that white males were majority of us workers, US companies were increasing and could accomodate more workers, public decency to right past prejudice, legal and social coersion necessary to bring about change
quid pro quo
done by authority figure and LIMITED TO SEXUAL harrassment; must be sexual: verbal, physical, visual and must be unwelcomed...evaluate from obj standpoint of reasonable person
adverse impact
any employment decision discriminatory to emps in protected groups
hostile work environment
severe and frequent
fetal protection
overturned due to adverse impact
sexual harrassment
no discrimination based on sex unless for BOFQ
EEO includes:
employees of state/local govt, educational institutes and labor organizations
zabkowicz v w. bend
not for petty slights suffered by the hypersensitive
eligibility for FLMA
work for covered employer for >12 months, >1250 hrs in 12 mos, worked at locations with >50 emps in 75 mile radius
pregnancy discrimination act of 78
treat as short term disability, reasonable time off and offer SIM job when return
affirmative action
org must actively recruit and give preference to minorities (not hiring quotas), voluntary good faith efforts
exceptions to age discrimination act
4 pronged test to see if age discrimination has occured
member is in protected group, adverse emp action taken, individual replaced by younger worker, worker was qualified for the job
vocational rehab act of 73 as expanded by ada 90
equal opp for disabled, ADA more encompassing, both req co's to provide reasonable accomodation, full compliance for companies with >15 emps!!
charge statistics
reflects # of individual charge filings (may claim mult types so total number
facts of sex har
victim can be anyone affected by the conduct, conduct must be unwelcome

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