8/20/2019 Professor W.A. Kritsonis -Discrimination in Employment Ppt http://slidepdf.com/reader/full/professor-wa-kritsonis-discrimination-in-employment-ppt 1/18 Di s c r i mi na t i on i n Emp l oymen t Pub l i c Schoo l Law Lec t u r e No t e s Wi l l i am Al l an Kr i t s on i s , PhD
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Professor W.A. Kritsonis -Discrimination in Employment Ppt
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8/20/2019 Professor W.A. Kritsonis -Discrimination in Employment Ppt
"My knowledge of my years in Ecuador was not enoughto prepare myself to understand who I will become in theUnited States; a minority in a country full of laws a ndcontradictions. I married a good man who alleviated theinevitable consequences of my heavy accen t and skincolor. How? My husband is what you will call Hispanic
by race, but white by skin and appearance. As found myself in a dilemma when a doctor let me chooseif I wanted my child to be label Hispanic or White…”
8/20/2019 Professor W.A. Kritsonis -Discrimination in Employment Ppt
What is Discrimination? In plain English, to "discriminate" means t o distinguish,
single out, or make a distinction. In everyday life, when faced with more than one option, we dis
almost every decision we m ake. But in the co ntext of civil
rights law, unlawful discrimination refers t o unfair or unequaltreatment of an individual (or group) based on certaincharacteristics. There a re t wo types of discrimination; Directand Indirect.
8/20/2019 Professor W.A. Kritsonis -Discrimination in Employment Ppt
Direct d iscrimination An example of direct discrimination is a job advert, which says "no disabled
people need apply." However, in reality discrimination often takes m ore su btleforms. That’s w hy indirect discrimination is a lso covered.
Indirect d iscrimination An example of indirect discrimination is requiring all people who apply for
certain job to s it a test in a particular language, even though that language isnot necessary for the job. The test might exclude more people who have adifferent mother tongue.
8/20/2019 Professor W.A. Kritsonis -Discrimination in Employment Ppt
Americans with DisabiliProhibits d iscrimination on the b asis o f disability in allemployment practicesEmployer must make accommodation to knowndisability of qualied applicant or employee u nless it
imposes undue hardship
8/20/2019 Professor W.A. Kritsonis -Discrimination in Employment Ppt
Affi rmative Action The intended purpose of Affirmative Action i
increase t he opportunity for minority groups
“You do not take a person …bring him up to the starting lineof a race a nd say, 'you are free t o compete with all the others,'and still justly believe that you have been completely fair.” –President Lyndon B. Johnson, 1965
8/20/2019 Professor W.A. Kritsonis -Discrimination in Employment Ppt
Employment Discrimination:U.S. Supreme Court Cases … Below is a l ist of U.S. Supreme Court cases involving
employees' rights and employment discrimination,including links to the full text of the U.S. Supreme Courtdecisions.
Griggs v. Duke Power Co. (1971)In this ca se, the Court decided that certain educationrequirements a nd intelligence t ests u sed as co nditions ofemployment acted to exclude African-American jobapplicants, did not relate to job performance, and wereprohibited.
8/20/2019 Professor W.A. Kritsonis -Discrimination in Employment Ppt
Cleveland Bd. of Ed. V. LaFleur (1974)Found that Ohio public school mandatory maternity leaverules for p regnant teachers violate constitutional guaranteesof due process.Meritor Savings Bank v. Vinson (1986)
Found that a claim of "hostile en vironment" sexualharassment is a form of sex discrimination that may be
brought under Title VII of the Civil Rights Act
8/20/2019 Professor W.A. Kritsonis -Discrimination in Employment Ppt
Johnson v. Transportation Agency (1987) The Court decides that a county transportation agency
appropriately took into account an employee's sex a s on efactor in determining whether she sh ould be promoted.Oncale v. Sundowner Offshore Serv., Inc. (1987)In this ca se, the Court held that sex discriminationconsisting of same-sex se xual harassment can form the basisfor a valid claim under T itle VII of the C ivil Rights Act of1964.
8/20/2019 Professor W.A. Kritsonis -Discrimination in Employment Ppt
Burlington Industries, Inc. Ellerth ( 1998)Holding that an employee who refuses u nwelcome andthreatening sexu al advances of a su pervisor (but suffersno real job consequences) may recover against theemployer without showing the em ployer is a t fault forthe su pervisor's a ctions.Faragher v. City of Boca Raton (1998)
The Court decides that an employer may be liable forsexual discrimination caused by a supervisor, butliability depends o n the reaso nableness o f theemployer's co nduct, as w ell as t he r easonableness o f theplaintiff victim's co nduct.
8/20/2019 Professor W.A. Kritsonis -Discrimination in Employment Ppt
Civil Rights Act of 1991 The Civil Rights Act of ade major
federal laws a gainst employment discrimination enforced byEEOC. Enacted in part to reverse several Supreme Courtdecisions t hat limited the ri ghts o f persons p rotected by theselaws, the Act also provides a dditional protections. The Act
authorizes compensatory and punitive damages in cases ofintentional discrimination, and provides for obtainingattorneys' fees and the possibility of jury trials. It also directsthe EEOC to expand its technical assistance an d outreachactivities.
8/20/2019 Professor W.A. Kritsonis -Discrimination in Employment Ppt
What Is EEOC and How Does ItOperate? EEOC is a n independent federal agency originally created by
Congress in 1964 to enforce T itle VII of the C ivil Rights Act of1964. The Commission is composed of ve Commissionersand a General Counsel appointed by the President andconrmed by the Senate. Commissioners are appointed forve-year s taggered terms; the General Counsel's t erm is four
years. The President designates a Chair and a Vice-Chair. The Chair is the chief executive officer of the Commission. The Commission has authority to establish equal
employment policy a nd to approve litigation. The GeneralCounsel is resp onsible for conducting litigation.EEOC carries ou t its en forcement, education and technicalassistance ac tivities t hrough 50 eld offices servi ng everypart of the n ation.
The nearest EEOC eld office may be contacted by calling: 1- 800-669-4000 (voice) or 1-800-669-6820 (TTY).
8/20/2019 Professor W.A. Kritsonis -Discrimination in Employment Ppt
The answer …I chose the Hispanic label for my children. Irealized that labels a re m erely justications t o ourown fears.
"An individual has n ot started living u ntil he ca nrise above the n arrow connes of his individualisticconcerns to the broader concerns of all humanity.“