discrimination laws
Terms
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
- young
- complaining to right authority figure
- adverse treatment
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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
- lockard
- 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
- pilots
- 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
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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