Discrimination in Employment. Chapter 23. Goals. Recognize the difference between legal and illegal employment discrimination List the various statues governing employment discrimination. Legal versus Illegal Discrimination. 23-1. What’s Your Verdict?.
Discrimination in Employment
Legal versus Illegal Discrimination
Clare has been working at Rich Manufacturing for three years. Lisa has been working there for two months. They both operate computerized machine-tooling equipment. The machines perform many operations, such as drilling, cutting threads, turning, deburring, and surfacing metal objects. Lisa is faster. When a promotion opportunity came along, it was given to Lisa. Clare protested, saying that she was being discriminated against. She was angry because Lisa would be earning almost 30 percent more money than she would. Is Clare correct? Is she a victim of unjustified discrimination?
Clare is being discriminated against justifiably. If the employer has a good reason for the treatment the discrimination is justified.
Name the bases for unjustified discrimination in employment
Race, color, gender, and pregnancy, age, religion, disability, national orgin
Jannette was employed in a glass factory. Her job was to inspect and pack glass jars in cartons. Men were employed in the same capacity, and they were required occasionally to lift the packed cartons. The women were paid 10% less than the men were. Is the difference in pay illegal?
The court would hold that Jannette and the other women were entitled to equal pay for equal work and the “equal work” did not mean identical duties.
Name the laws discussed in this section that prohibit unjustified discrimination in employment
Title VII of the Civil rights Act of 1964
Equal Pay act of 1963
Age Discrimination in Employment act of 1967
Americans with Disabilities Act
Pregnancy Discrimination Act
Sven immigrated to the United States at age 12 and obtained citizenship at age 18. He speaks with a thick accent. When he applied for a job as a bank clerk, someone else was selected because the other person was more accurate in counting money. Has Sven been the subject of discrimination? Was the discrimination justified or unjustified?
Yes – Sven has been the subject of Discrimination
The discrimination, however, was justified.
“We Wash Windows” is a company that washes windows in a commercial building where many windows are six or seven feet off the ground. Taller people can wash these windows more quickly. Atushi is Japanese. When he applied for a window washer job the company told him they don’t hire Japanese because most Japanese people are short. Atushi is six feet, four inches tall. Has Atushi been the subject of discrimination? Was the discrimination justified or unjustified?
Yes. Atushi has been the subject of discrimination. The discrimination was unjustified.
When Quality Furniture Manufacturing Company faced financial difficulties it began laying off employees. The majority were over the age of 40, although they constituted only 5% of the workforce. Young workers in their twenties were immediately hired to fill the jobs of those discharged. Quality justified this action by noting that increased health insurance costs were the overwhelming reason for its financial problems. As insurance coverage for older employees, especially those 50 and older, costs two to three times what coverage for younger employees cost, it only made common sense to discharge the older employees first. Is this ethical? What statute, if any was violated?
The Age discrimination in Employment would have been violated.
Irene was a Mormon. She believed that other members of her religion were more honest than the general population. When she was asked to hire a bank teller for her employer, she advertised the job as one available only for members of her religion. Is Irene’s action legal? Would it be legal if Irene could prove in court that members of her religion were in fact more honest?
No, Irene’s action is not legal. The Civil Rights act of 1964 forbids employers from discrimination in hiring on the basis of religion. Irene’s action would still not be legal even if she could prove that members of her religion were more honest.
Proving Illegal Discrimination
Geraldo, an Hispanic, had 10 years of experience as a finish carpenter. He applied for a job with a local construction company but was turned down. The company continued advertising the position and eventually hired Jake, who was white. He did not have as much experience as Gerldo. Geraldo filed a discrimination suit against the company. At the trial, the company was not able to justify its decision to hire Jake instead of Geraldo. Will a court find in favor of Geraldo or the company?
Geraldo, a member of a protected class. The court presumed that the discrimination was intentional and Geraldo won the suit.
What are the three main bases for unequal treatment of cases?
Direct evidence, indirect evidence and statistics
Sharon’s machine Shop manufactures fire hydrants. When finished, each hydrant weighs approximately 175 pounds. Part of the job description for hydrant assemblers states that a person hired for this job be able to lift 175 pounds ten times in two minutes. This requirement is similar to the actions required to assemble the hydrants. Is this job requirement a form of illegal employment discrimination?
Sharon’s weight-lifting test is neutral on its face. It can be statistically shown, however, that a smaller proportion of women will pass the test. Therefore, it has a disparate impact. However, the test is justified by the business necessity because it is clearly job-related.
What does disparate impact mean?
The employment policy eliminates more members of protected classes than members of the majority class.
Ben delivered the internal mail at the headquarters of Antiona’s, a national chain of lingerie shops. Everyday when he entered the product design section, several female employees would whistle at him and call him “honey doo” and other similar terms of endearment. Occasionally, a female worker in the section would pinch him or caress him. Ben mentioned to their manager that the attention made him uncomfortable, but she refused to correct it. What form of sexual harassment is taking place here? Would the company be liable for what is done by its employees and manager?
A hostile environment is here? Generally, the employer is liable for the conduct of non-supervisory employees only when the harassment is either know or should have been known. Here the manager knew about the harassment and therefore Antiona’s will be liable if Ben brings a hostile environment lawsuit.
What are the two forms of sexual harassment?
Quid pro quo and hostile environment
Pablo interviewed people to serve as clerks at his dry-cleaning business. Pablo thought that he would get more repeat business if he hired attractive male clerks. He advertised and told females that he was only interested in male clerks so they need not bother with an interview. Would this form of discriminating be proved directly or indirectly? Would the case be one based on disparate impact or disparate treatment?
This would be proved directly
Pablo openly admitted that he is only interviewing men
This would be based on disparate treatment. He is treating members of a protected class less favorably than others.
Finance America reimbursed employees for their job-related educational expenses. Janice applied for reimbursement for a course, but was told, “This isn’t job related.” She learned that another employee Gail, had been turned down, too. Later, Janice met four men with similar jobs who had taken the same course and had been reimbursed. What type of discrimination occurred? What defense is Finance America most likely to employ in this case?
Disparate treatment is the type of discrimination that occurred in this case.
Women were not reimbursed for the same course. Finance America is most likely to employ a defense of business necessity.
As a condition of employment, Duke Moving required a high school education or a satisfactory score on a general intelligence test. Both requirements were designed to improve the quality of the workforce but neither requirement was shown to improve job performance. Griggs claimed that the test discriminated against him. He said that, as a minority member, he had to had the educational opportunity afforded others. Moreover, he said, the test did not relate to skills and qualifications that were necessary for employment at Duke. Was Griggs legally correct? If he was sued, what type of discrimination would Griggs claim?
Griggs is legally correct. If he sued, he would be claiming disparate impact discrimination.
When Debbie won the job of administrative assistant to Toby Main, the president of Condoroama, a time share company, she was told the position involved a lot of traveling with the president. Every week, Main flew to various places in the United States, and the Caribbean. After a few weeks of this travel several of her fellow employees stated implying that Debbie was being intimate with her boss, which she was not. The gossip, however, made her very uncomfortable, and she was considering quitting her job as a consequence. What options are open to her instead of quitting?
She should report the situation to her boss. He must then take effective means to prevent the recurrence of the hostile environment. If the steps taken are not effective, even if taken in good faith, Debbie can sue for sexual harassment.
The problem eliminated, Debbie decides to stay on. Eventually, Toby Main retires and his son, Randy, takes over the business. On their last trip to Barbados, Toby made it clear that, unless Debbie granted him sexual favors, he would fire her and replace her with someone who would. What would you advise Debbie to do?
Debbie has grounds fro a quid pro quo sexual harassment claim. However, she must secure proof of Randy’s behavior to win.