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The five protected classes under Title VII of the Civil Rights Act (1964)
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1) race
2) color
3) National origin
4) religion
5) gender
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Key protections of Title VII, Civil Rights Act (1964)
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Prohibits discrimination or segregation based on protected class; cannot deprive individuals of employment opportunities or limit career progression; requires equal opportunity in training programs; prohibits sexual harassment based on potected class. Prohibits discrimination in compensation practices.
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What are the three exceptions to Title VII?
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1) Work-related requirements (i.e. ability to lift a certain amount of weight)
2) BFOQs (i.e. must be a woman to model women's swimsuits)
3) Seniority systems
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The Civil Rights Act of 1991 established what right?
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Right to a jury trial where plaintiff seeks compensatory or punitive damages.
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Kolstad v. American Dental Association
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Employers with good-faith antidiscrimination practices may not be liable for punitive damages.
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What is the range of compensatory damages allowable under the Civil Rights Act of 1991?
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$50,000 - $300,000 (based on size of workforce, with 50k for 15-100, and 300k for 501 or more)
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Age Discrimination Act of 1967
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Prohibits discrimination in employment against persons age 40 and over.
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What exceptions are there to the ADEA?
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- If age is a BFOQ
- Seniority or benefit plan
- discipline or dismissal based on good cause
- top executive or policy maker
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How does the ADEA define a top executive
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Held position for at least 2 years prior to retriement, entitled to at least 44k per year in company-sponsored benefits. Can be required to retire at age 65 under these conditions.
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What employers are covered by ADEA?
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All public and private employers with 20 or more employees
Unions with 25 or more members
Employment agencies
Apprenticeship and training programs
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Who is subject to the rules of Title VII of the Civil Rights Act?
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- Private employers with 15 or more on the payroll for each working day of 20 or more weeks in the current or preceding year
- All educational institutions
- Federal, state and local governments
- Employment agencies
- Labor unions with 15 or more members
- Labor-management committees for apprenticeship and training
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Smith v. Jackson, Mississippi
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Ruling that disparate impact can exist under the ADEA (similar to Title VII), although with lower standards of defense. An employer need only show that its practice or policy was based on reasonable factors other than age.
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Pregnancy Discrimination Act of 1978
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Treats pregnancy the same as any other temporary disability. Prohibits:
- refusal to hire due to pregnancy
- dismissal due to pregnancy
- forcing a pregnant employee to leave work if she is ready, willing and able to perform job
- stop the accrued seniority of an employee who has taken a leave to give birth or have an abortion.
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ADA (1990)
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Prohibits qualified individuals with disabilities, or those with a perceived disability, from unlawful discrimination in the workplace, including access to training and career development. (Also covers those who have a relationship with someone who has a known or perceived disability.)
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ADAAA (2008)
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Americans with Disability Act Amendments Act
Prohibits consideration of mitigating measures in determining whether an individual has a disability (i.e. mediaction.)
Expands "perceived as" disability definition
Expands list of major life activities
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