It prohibits discrimination in employment and was passed to bring equality in hiring, trnasfers, promotions, compensation, and training.

General Provisions include:

1. Prohibits discrimination based on race, color, national origin, religion, and gender in ALL terms of employment.  Title VII does not protect people based on sexual orientation, marital status, or public assistance status.

2. Unlawful to limit, segregate, or classify employees that deprives them of employment opportunities based on the above.

3.  The Preggo Act of 1978 meakes it illegal to discriminate on basis of preggo and related conditions.

4. Provides equal opportunity for training

5. Prohibits sexual harrassment based on protected categories. Create a policy.

6. Prohibits discrimination in compensation practices.

When amended in 1972, it applies to most US employers.

EEOC governs:

Most private employers who have 15+ persons on payroll for each working day of 20+ weeks in the current year.

-All educational facilities, public and private

-Public/Private  employment agencies when functioning as employers.

-Federal, state, and local governments

-Labor unions with 15+ members

-Joint committees for apprenticeship and training

Exceptions

Work-related requirements, BFOQ, senority systems

According to this law, juy trials are allowed in cases where the plaintiff seeks punitive or compensatory damages. It provides for but limits the damage awards for victims of intentional discrimination in violation of Title VII. 

Kolstad v. American Dental Association: To recover punitive damages, an employee must prove that their employer acted with malice or indifference to their rights.

The court recognizes that an employer may not be liable when these decisons are contrary to an employers good-faith efforts.

Punitive damages are not possible against a government agency or unit.  It is available under state law.

Max Recovery/Individual      # of Employees

50,000                                    15-100

100,000                                  101-200

200,000                                 201-500

300,000                                 501+

Age Discrimination in Employment Act

(1967)

It prohibits discrimination in employment for any persons aged 40+.  It forbibs limiting or clasifying employees in any way adversly affecting their status because of age.  This has eliminated mandatory retirement ages.

Exceptions:

BFOQ

The employer adheres to a genuine senority/benefit plan

The person is disciplined or fired for good cause

Employee is a top executive or policy maker (req. to retire at age 65 maybe)

Special Rules regarding retirement plans:

1. Since 1988, ERISA barred plans from stopping coverage on employees that work past normal retirement age.

2. Employers must offer employees 65+ and their spouses on the same plan as younger employees.

-The ADEA covers all public and private employers with 20+ employees, unions with 25+, employment agencies, and apprenticeship and training programs.

-The ADEA has always allowed for jury trials. Doubles damages for willful violations.  No punitive or compensatory damages.

Smith v. Jackson, MS: Authorized recovery on disparate impact theory. But, the scope of disparate impact is narrower than Title VII.

An employer need only show that its practice was based on reasonable factors other than age.

Pregnancy Discrimination Act

(1978)

This amended Title VII to prohibit discrimination on the basis of pregnancy, childbirth, or related conditions. This is to be treated as a temporary disability. 

Illegal to:

-Refuse to hire OR fire a woman because she is pregnant.

-Force a pregnant woman to leave work if she's willing and able.

-Stop accrued senority of employee who takes leave to give birth or an abortion. (unless senority does not accrue to other disabled workers or the leave is taken under FMLA)

Americans with Disabilities Act

(1990)

This created many rights as long as employers have 15+ employees. Title I prohibits discrimination against qualified employees with a disability because of their disability. 

Qualified Individual: who can perform the essential functions of a job with/without reasonable accommodation. Also, applies to relational disabilities.

Disability: A physical/mental impairment that limits one or more major activities.

Most temporary conditions are not covered by the ADA. Employers cannot decide if a disability exists.

Covered: alcoholism, cancer, diabetes, dug addiction, epilepsy, emotional illness, HIV, learning disabilities, mental retardation.

The ADA doesn't require employers to take action that involves undue hardship. 

Sutton v. United Airlines: ruled in favor of United because a vision impairment is not a disability of they can control or correct it by meds or mitigating measures.

This covers all aspects of the selection process. It's a procedural document that is covered in the Code of Federal Regulations to assist employers in complying with federal regulations about discrimination.

These guidelines recommend that employers be able to demonstrate that selection procedures have an adverse impact or disparate impact upon women and minorities ARE VALID. 

Adverse Impact: the selection rate for a protected class is less than 80% of the rate for the class with the highest selection rate. Once a company finds the impact using the 4/5 rule, should explore.

A revision: "bottom-line concept" specifies an amployer is not required to evaluate each component of the selection process individually. 

Employees can use statistical evidence to show discrimination against women & minorities (constitutes adverse impact).

Requires contractors with 50+ employees and a federal contract/subcontract of $50,000+ to create and annually update an AAP for women and minorities.

It prevents illegal discrimination against women and minorities.

--> This MUST be a seperate plan. 

--> An affirmative action plan.

Applies to federal (sub)contracts of $50,000+ entered into BEFORE December 1, 2003.  Must have 50+ employees to update the AAP for special disabled veterans, vietnam era vets, recently seperated vets, and other protected vets.

--> This will diminish over time.

Must file VETS (100) by September 30th of each year detailing the hiring practices of vets.

JVA applies to federal (sub)contracts of $100,000+.  Entered into AFTER December 1, 2003.  Must have 50+ employees to develop AAP for vets from VERRA. It amends VERRA.

This increases the contract monetary threshold that creates AAP. It also requires each contractor to list employment with appropriate "employment delivery service system".

--> Must file VETS (100) report by September 30th about the hiring practices of the vets.

This prohibits discrimination based on physical or mental disabilities.  Section 501 only applies to the feds.  Section 503 applies to only federal contractors with $100,000+ and it requires them to take affirmative action to hire qualified disabled people.  Also, all covered employers are required to make reasonable accommodation for the physical or mental disability UNLESS the employer can demonstrate undue hardship.  Employers are not requited to hire unqualified persons.

Guidelines for contractors for reasonable accomodation:

1. Job Accessibility

2. Job Design

3. Qualifications

4. Nondiscriminatory Treatment

School Board of Nassau v. Airline: A contagious disease can put an employee under the protection of this act.

Immigration Reform and Control Act

(1986)

This is enforced by the U.S.  Citizenship and Immigration Services (USCIS).  This attempts to deal with the problems arising from the flow of illegal aliens into the U.S.

IRCA:

1- Prohibits discrimination against job applicants on the basis of national origin or citizenship and...

2- Establishes pentalties for hiring illegal aliens.

IRCA does not offer preference for US citizens.  Title VII does.

Within 3 days of hiring, the new hire and employer fill out I-9 form.  This id's their identity AND their right to work inside the U.S.

A new form was released in 2007 by USCIS.