Employee Rights and Discrimination Chapter 12. Copyright © 2007 Thomson Delmar Learning Objectives Identify major employment discrimination laws impacting.

Employee Rights and Discrimination

Chapter 12

Copyright © 2007 Thomson Delmar Learning

Objectives

• Identify major employment discrimination laws impacting the fire service.

• Explain the difference between disparate treatment and disparate impact.


• Explain equal opportunity employment and affirmative action.

• Identify three standards of review that courts apply to governmental actions that are challenged as being discriminatory.

Objectives


Constitutional Rights

• Rights secured in the constitution, including:– Right to free speech– Freedom of the press– Freedom of religion– Due process– Equal protection


• Constitutional rights also called civil rights

• Constitution does not explain how these rights are to be protected

Constitutional Rights


Civil Rights Laws

• Civil Rights Act of 1866



• Americans with Disabilities Act

• Equal Pay Act of 1963


• Pregnancy Discrimination Act

• Age Discrimination in Employment

• Religious Freedom Restoration Act

• State law anti-discrimination acts

Civil Rights Laws


Discrimination

• Treating someone differently based on prohibited classification– Race– National origin– Sex– Religion – Disability – Age


Proof of Discrimination

• Disparate treatment – Person is treated differently because of a prohibited

classification

• Disparate impact– Employment decisions that may appear to be

nondiscriminatory but discriminate based on statistical analysis


Standard of Review

• Courts review laws and governmental actions differently based on type of discrimination– Strict scrutiny– Intermediate level of review– Rational basis


Strict Scrutiny

• Governmental action or law must be “narrowly tailored to address a compelling governmental interest”

• Applies to– Racial classifications– Fundamental constitutional rights


Intermediate Level of Review

• Governmental action or law must be “substantially related to important governmental objectives”

• Applies to– Gender-based classifications


Rational Basis

• Governmental action or law must be “rationally related to a legitimate governmental interest”

• Applies to all other classifications


Procedural Issues

• Equal Opportunity Employment Commission (EEOC) or state counterpart

• Administrative requirement– Right-to-sue letter

• Statute of limitations for filing Title VII claims


Employment Discrimination

• Equal employment opportunity

• Affirmative action– Policies go beyond equal employment opportunities

and seek to increase the representation of minorities and women


Equal Opportunity

• Right of a person to compete for a job and/or be promoted on the basis of his or her knowledge, skills, and abilities, free from unlawful discrimination


Affirmative Action

• Positive steps taken to increase the presence of minorities and women in the workforce and in education


Americans with Disabilities Act of 1990 (ADA)

• Expanded upon the Rehabilitation Act of 1973

• Applies to all businesses with 15 or more employees and all state and local government agencies


Americans with Disabilities Act

• Key definitions:– Individual with a disability– Major life activities– Qualified person with a disability– Reasonable accommodation – Essential function– Undue hardship


• Prohibited inquiries and examinations

• Drug and alcohol use

• Physical abilities testing– Job task analysis

• Medical requirements

Americans with Disabilities Act


State Law Disability Acts

• Many states as well as some municipalities have anti-discrimination laws that protect against disability discrimination

• May provide greater protection than ADA


Age Discrimination

• Age Discrimination in Employment Act (ADEA )

• Prohibits employment discrimination against those over 40 years of age

• Amended several times by Congress


• Special rule: – Mandatory retirement age for police and firefighters– Minch v. Chicago (2004)

Age Discrimination


Summary

• Civil rights laws

• Discrimination

• Standard of review

• Americans with Disabilities Act

• Age Discrimination in Employment Act

Employee Rights and Discrimination Chapter 12. Copyright © 2007 Thomson Delmar Learning Objectives Identify major employment discrimination laws impacting.

Documents

employee rights

governmental actions

equal employment opportunities

civil rightsconstitution

standards of review

free speechfreedom

presence of minorities

representation of minorities