Lecture 4

Discrimination in Employment

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 Discrimination Basis
 Employment Decisions
 Harassment
 Bullying
 Language & Accent discrimination

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Equal Opportunity in Employment
 The right of all employees and job applicants:

1. To be treated without discrimination, and

2. To be able to sue employers if they
are discriminated against.

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sixth edition, Henry R. Cheeseman
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 Job discrimination based on five protected classes:

 Race
 Color
 Religion
 Gender
 National Origin

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 Other Discrimination Basis
 Hiring and firing
 Work rules
 Promotion and demotion
 Payment of compensation and benefits
 Availability of job training opportunities

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sixth edition, Henry R. Cheeseman
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 Gender Discrimination
 Discrimination against a person solely because of his or
her gender.
 Applies equally to men and women.
 Overwhelming majority of gener discrimination cases
are brought by women.

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sixth edition, Henry R. Cheeseman
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  “Glass ceiling” exists beyond which minorities
rarely
progress
 An employer must analyze and monitor
workplace information based on “glass
ceiling” considerations
 Race & Gender discrimination can be discovered and
addressed before it progresses to litigation

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 Racial Harassment
 A particular form of race discrimination
 Prima facie case: to hold an employer liable for
racial harassment, the employee must show
that the harassment was:
 Unwelcome
 Based on race
 So severe or pervasive that it altered the conditions
of employment and created an abusive environmen

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 Religious Discrimination
 Employment discrimination based on a person’s
religion or religious practices.

 An is under duty
reasonably
employer t
observanc r beliefs if it does not c e an undue
es, o aus
hardship a
employ er. o
on the
accommodate an employee’s religiou practices,
s

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sixth edition, Henry R. Cheeseman
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 Equal Pay Act
 Protects both genders from pay
discrimination based on
gender.
 The act prohibits disparity in pay for
jobs that require:
 Equal skill
 Equal effort
 Equal responsibility
 Similar working conditions

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sixth edition, Henry R. Cheeseman
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 Criteria That Justify a
Differential in
Wages
 Usually four criterias that justify a differential in
wages:
 Seniority
 Merit
 Quantity or quality of product
 Any factor other than gender
 The employer bears the burden of proving these
defenses.
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sixth edition, Henry R. Cheeseman
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 Age Discrimination in Employment
 Prohibits age discrimination in all employment decisions,
including:
 Hiring
 Promotions
 Payment of compensation
 Other terms and conditions of employment

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sixth edition, Henry R. Cheeseman
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 Employees with disability
It is required an employer to make
reasonable accommodations to
individuals with disabilities that do not
cause undue hardship to the employer.

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sixth edition, Henry R. Cheeseman
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 Reasonable Accommodation
 Reasonable accommodations may include:
 Making facilities readily accessible
 Providing part-time or modified work schedules
 Acquiring equipment or devices
 Modifying examination and training materials

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sixth edition, Henry R. Cheeseman
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 Qualified Individual with a
Disability
(continued)
A disabled person is someone who:
1. Has a physical or mental impairment that substantially
limits one or more of his or her major life activities,
2. Has a record of such impairment, or
3. Is regarded as having such impairment.

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sixth edition, Henry R. Cheeseman
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