Discrimination in Employment - Dr. Kritsonis

8/20/2019 Discrimination in Employment - Dr. Kritsonis

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Discrimination inEmployment William Allan Kritsonis, PhD



Introductory Reflection

"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 andcontradictions. I married a good man who alleviated the

inevitable consequences of my heavy accent and skincolor. How? My husband is what you will call Hispanic by race, but white by skin and appearance. As a result, Ifound myself in a dilemma when a doctor let me chooseif I wanted my child to be label Hispanic or White…”



What is Discrimination?

In plain English, to "discriminate" means to distinguish,

single out, or make a distinction. In everyday life, when faced with more than one option, we discriminate in arriving atalmost every decision we make. But in the context of civil

rights law, unlawful discrimination refers to unfair or unequaltreatment of an individual (or group) based on certaincharacteristics. There are two types of discrimination; Directand Indirect.



Types of Discrimination

Direct discrimination An example of direct discrimination is a job advert, which says "no disabledpeople need apply." However, in reality discrimination often takes more subtleforms. That’s why indirect discrimination is also covered.

Indirect discrimination An example of indirect discrimination is requiring all people who apply for acertain job to sit 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.



Title VII, 1964 Civil Rights Act

This law prohibits employment discrimination based on:

Race

Color

Religion

Sex

National Origin



Age Discrimination In

Employment Act of 1967 (ADEA) Protects employees or applicants 40 years ofage or older:

Cannot discriminate based on age with respect to any

term, condition or privilege of employment Punitive & compensatory damages



Civil Rights Act 1972 Amendment

Sexual harassment is a: Form of sex discrimination

Violation of federal law



Pregnancy Discrimination Act of

1978 Amendment to Civil Rights Act

Unlawful to discriminate on the basis of pregnancy,childbirth or related medical conditions



Americans with Disabilities Act Prohibits discrimination on the basis of disability in allemployment practices

Employer must make accommodation to knowndisability of qualified applicant or employee unless it

imposes undue hardship



Affirmative Action

The intended purpose of Affirmative Action is toincrease the opportunity for minority groups

“You do not take a person …bring him up to the starting lineof a race and say, 'you are free to compete with all the others,'and still justly believe that you have been completely fair.” –President Lyndon B. Johnson, 1965



Employment Discrimination:

U.S. Supreme Court Cases …

Below is a list of U.S. Supreme Court cases involvingemployees' rights and employment discrimination,including links to the full text of the U.S. Supreme Courtdecisions.

Griggs v. Duke Power Co. (1971)

In this case, the Court decided that certain educationrequirements and intelligence tests used as conditions ofemployment acted to exclude African-American jobapplicants, did not relate to job performance, and wereprohibited.

http://laws.findlaw.com/us/401/424.html




Employment Discrimination: U.S.Supreme Court Cases …

Cleveland Bd. of Ed. V. LaFleur (1974)Found that Ohio public school mandatory maternity leaverules for pregnant teachers violate constitutional guaranteesof due process.

Meritor Savings Bank v. Vinson (1986)

Found that a claim of "hostile environment" sexualharassment is a form of sex discrimination that may be

brought under Title VII of the Civil Rights Act of 1964.




Johnson v. Transportation Agency (1987) The Court decides that a county transportation agencyappropriately took into account an employee's sex as onefactor in determining whether she should be promoted.

Oncale v. Sundowner Offshore Serv., Inc. (1987)

In this case, the Court held that sex discriminationconsisting of same-sex sexual harassment can form the basisfor a valid claim under Title VII of the Civil Rights Act of1964.








Burlington Industries, Inc. Ellerth (1998)Holding that an employee who refuses unwelcome andthreatening sexual advances of a supervisor (but suffersno real job consequences) may recover against theemployer without showing the employer is at fault forthe supervisor's actions.

Faragher v. City of Boca Raton (1998) The Court decides that an employer may be liable forsexual discrimination caused by a supervisor, butliability depends on the reasonableness of theemployer's conduct, as well as the reasonableness of theplaintiff victim's conduct.





The Necessity of

Continued Enforcementof the Laws Many people in this country still, unfortunately,are opposed to the ideal of equality

Any lack of enforcement of these laws gives more

power to such people Although progress in achieving equality has beenmade due to the laws, true equality has not yet

been reached, and can only be attained throughfurther diligence.



Civil Rights Act of 1991 The Civil Rights Act of 1991 made major changes in thefederal laws against employment discrimination enforced byEEOC. Enacted in part to reverse several Supreme Courtdecisions that limited the rights of persons protected by theselaws, the Act also provides additional 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 and outreachactivities.



What Is EEOC and How Does It

Operate? EEOC is an independent federal agency originally created byCongress in 1964 to enforce Title VII of the Civil Rights Act of1964. The Commission is composed of five Commissionersand a General Counsel appointed by the President andconfirmed by the Senate. Commissioners are appointed forfive-year staggered terms; the General Counsel's term 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 equalemployment policy and to approve litigation. The GeneralCounsel is responsible for conducting litigation.

EEOC carries out its enforcement, education and technicalassistance activities through 50 field offices serving everypart of the nation.

The nearest EEOC field office may be contacted by calling: 1-800-669-4000 (voice) or 1-800-669-6820 (TTY).



The answer …

I chose the Hispanic label for my children. Irealized that labels are merely justifications to ourown fears.

"An individual has not started living until he canrise above the narrow confines of his individualisticconcerns to the broader concerns of all humanity.“

Martin Luther King, Jr.

Discrimination in Employment - Dr. Kritsonis

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