Wrongful termination and employment discrimination
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Wrongful Termination and Employment Discrimination. Illegal discrimination in the firing, firing, promoting of employees and in the allocation of employment benefits. opportunities and rewards. Final Exam is Thursday, December 16 from 8:00 to 10:00. OBE 118 Fall 2004 Professor McKinsey.

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Wrongful Termination and Employment Discrimination

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Wrongful termination and employment discrimination

Wrongful TerminationandEmployment Discrimination

Illegal discrimination in the firing, firing, promoting of employees and in the allocation of employment benefits. opportunities and rewards.

Final Exam is Thursday, December 16 from 8:00 to 10:00

OBE 118

Fall 2004

Professor McKinsey


Final exam

Final Exam

  • Thursday, December 16 from 8:00 to 10:00

  • All Multiple Choice (40 Questions)

  • Bring Scantron 882

  • You will have the whole exam period, but should not need the whole exam period


Right to work

Right to Work?

The At-willEmployment versus Wrongful Discharge paradox

At-will employees can be fired for “any reason”

except:

  • Public Policy

  • Implied Contracts

  • Covenant of Good Faith and Fair Dealing


Employment discrimination

Employment Discrimination

  • Racial Discrimination

Illegal discrimination can occur in hiring, firing and day to day discipline or rewards given to employees

  • Gender Discrimination

  • National Origin Discrimination

  • Religious Discrimination

  • Age Discrimination

  • Disability Discrimination


Employment discrimination1

Sexual Harassment

“Regular” discrimination

Employment Discrimination

  • Racial Discrimination

Illegal discrimination can occur in hiring, firing and day to day discipline or rewards given to employees

  • Gender Discrimination

  • National Origin Discrimination

  • Religious Discrimination

  • Age Discrimination

  • Disability Discrimination


Employment discrimination2

Affirmative Action

Employment Discrimination

  • Racial Discrimination

Illegal discrimination can occur in hiring, firing and day to day discipline or rewards given to employees

  • Gender Discrimination

  • National Origin Discrimination

  • Religious Discrimination

  • Age Discrimination

  • Disability Discrimination


Employment discrimination3

Employment Discrimination

  • Sometimes the facts show us that discrimination was intended and obvious (disparate treatment)

Distinguishing between express and implied discrimination

  • More often we have action by someone that has a discriminatory effect but no objective evidence of intent (disparate effect)

Why is intent relevant?


Racial discrimination

Racial Discrimination

  • What is discrimination?

1) Express Intentional Discrimination (disparate treatment)

Discrimination on the basis of race or color is illegal. - Civil Rights Act of 1964 (Title VII)

2) Disparate Impacts Discrimination

a) Action has disparate impacts

b) Action not necessitated by lawful business purpose


Gender based discrimination

Gender-Based Discrimination

  • Not as carte blanche as race based prohibition

  • Bona Fide Occupational Qualification (BFOC)

Discrimination on the basis of gender is illegal (sometimes) Title VII and EEOA of 1972

  • “Title VII permits distinctions based upon real sex-based differences…” - Ct of Appeals, 7th Cir.

Sexual Harassment- special form of gender discrimination

  • Quid pro quo

  • Hostile environment


Affirmative action

Affirmative Action

Affirmative Action Programs could constitute illegal discrimination on basis of sex or race

Supreme Court has ruled that hard quotas are illegal

“Soft” programs like preferences between equal candidates can be allowed

Prop 209- (California) – No preferential treatment allowed at all


Disability discrimination

Disability Discrimination

Americans with Disabilities Act (ADA)

  • Improve access

  • Cannot discriminate against disabled person able to perform essential functions of job (employers with 15 or more employees)

  • Must reasonably accommodate both of the above.

    Note: the ADA also effects public right to access some businesses.


Age discrimination

Age Discrimination

Age Discrimination in Employment Act (ADEA) of 1967

  • No arbitrary age discrimination in employment of persons greater than 40 years of age

  • BFOQ available (like Gender based)

  • A court based upper limit of 70 years is generally recognized where BFOQ becomes easier to establish


Employment discrimination summary

Employment Discrimination Summary

  • You can never intentionally discriminate on basis of race, national origin, or religion

  • You cannot, without a BFOQ, intentionally discriminate on basis of sex or age

  • You cannot intentionally discriminate on basis of disability without first reasonably accommodating the disability

  • Generally, if an action results in discrimination as described above you have to have legitimate and legal business reason to act.


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