Discrimination

in Employment
Chapter 9
Renita, Emily, Misty &
Zach
What is Discrimination in
Employment?

“Constitutional, federal, and state

statutes prohibit discriminatory
practices in employment on the
basis of sex, race, age, color, or
religion (Essex, 223).

“The equal protection clause of the

Fourteenth Amendment provides
protection against group
discrimination and unfair treatment”
(Essex, 223).
 Title VII Civil Rights Act of 1964
Introduction:
● The law forbids discrimination in employment based on race, color,
religion, sex, or national origin.
Scope:
● It pertains to employers with fifteen or more employees and prohibits
retaliation against those who report discrimination.
Provision:
● It covers all aspects of employment, including hiring, firing, promotions,
and referrals.
● If a complaint is filed, the individual can seek administrative remedy
through the Equal Employment Opportunity Commission (EEOC), either
following or concurrently with filing at the state or local level.
Title VII Civil Rights Act of 1964 continued
Impact:
● The standard time frame is 180 days unless the complaint is lodged
with the state, in which case it extends to 300 days.
● If the complaint remains unresolved, either the EEOC or the
complainant may initiate legal action in district court.
● Exceptions such as bona fide occupational qualification (BFOQ) and
affirmative action are permitted under certain circumstances.
● Remedies may encompass injunctive relief, damages, back pay, front
pay, and attorney's fees.
 Title IX Educational Amendments of 1972
Introduction:
● Enacted in 1972 as part of the Education Amendments.
● Prohibits sex-based discrimination in educational programs receiving federal
funding.
Scope:
● Applies to all educational institutions receiving federal financial assistance.
● Covers discrimination based on sex in academics, athletics, and other programs.
Key Provisions:
● Ensures equal access to educational opportunities regardless of gender.
● Prohibits sexual harassment and gender-based violence.
● Requires schools to provide equitable resources and opportunities in athletics.
 Title
Impact:
IX Educational Amendments of 1972
● Increased participation of women in sports and educational programs.
● Improved awareness of gender-based discrimination and harassment.
● Encouraged creation of policies and programs promoting gender equity.
Compliance:
● Schools must have grievance procedures for handling Title IX complaints.
● Department of Education's Office for Civil Rights (OCR) oversees compliance.
● Non-compliance risks loss of federal funding and legal action.
Ongoing Challenges:
● Persistent gender disparities in STEM fields and leadership positions.
● Emerging issues such as transgender rights and campus sexual assault.

Conclusion: Title IX has been instrumental in advancing gender equity in education,

although challenges remain in achieving full equality.
 Rehabilitation Act of 1973 &
Americans with Disabilities Act of 1990
1. Equal Access: ADA mandates equal access to education for individuals with disabilities.

2. Reasonable Accommodations: Institutions must provide reasonable accommodations for full participation.

3. Non-Discrimination: ADA prohibits discrimination in all aspects of education, from admission to

advancement.

4. IEPs and Section 504 Plans: Specialized plans ensure tailored support for students with disabilities.

5. Accessibility Standards: Physical facilities must adhere to accessibility standards for safe navigation.

6. Legal Remedies: Individuals have the right to file complaints and pursue legal action for ADA violations.

Conclusion: ADA fosters inclusivity, ensuring that education is accessible to all, regardless of disability.
Types of Discrimination
● Gender
○ Individuals or groups treated unfairly based on gender
■ Pay, opportunities, stereotyping, and harassment
○ Kolstad v. American Dental Association; 1999 standard of punitive damages for gender discrimination
● Racial
○ Individuals or groups treated unfairly based on their race or ethnicity
■ Unequal treatment, harassment, hate crimes, stereotyping, and racial profiling
○ Brown v. Board of Education; 1954 landmark desegregation in schools Topeka, KS
○ Plessy v. Ferguson (supra); 1896 separate but equal segregation
○ Griggs v. Duke Power Company; 1971 employment discrimination, with no policies in place
● Religion
○ Individuals or groups treated unfairly based on religion or belief.
■ Employment harassment, denial of services, hate crimes, and failure to provide accommodations
○ Transworld Airlines Inc. v. Hardison; 1977 religious accommodations in the workplace
● Age
○ Individuals or groups treated unfairly based on age.
■ Employment, benefits, termination, or harassment
○ Age Discrimination in Employment Act (ADEA) various revisions
 Case Study- All Class Discussion
Ruby Tyler, a member of the United Pentecostal Church, was employed as
a deaf student interpreter and tutor by a school district, altered
objectionable language or informed the students that the speaker had used
undesirable language during her one-year tenure at an elementary school
and two-year tenure at a middle school. The district introduced new
guidelines requiring interpreters to convey all information verbatim and
assigned Tyler to work at a high school. She refused to work under the
new guidelines and was terminated. Tyler sued, alleging discrimination.
You may use Pg. 236-237 to cite your evidence.

Discuss:

1. Does Tyler have a valid claim of Discrimination?

2. Was the district’s action arbitrary, capricious, or in violation of Tyler’s religious
beliefs?
3. How would you assess Tyler’s refusal to interpret personally objectionable
material versus a deaf student’s right to know what is communicated by
speakers?
4. Is Tyler justified in her actions?
Scenario #1
Directions: You will work with your team to discuss the scenario. If you are up for the challenge, role play
the scenario between the hiring manager and the candidate. Five minutes to discuss and share out with
group. You may use your book.

A highly qualified job applicant, Mary, who is in her 60s, applies for a new
teaching position in a different district. Despite her experience and
qualifications, Mary is not selected for an interview, while a younger
candidate with less experience is hired instead.

Does Mary have grounds to file a suit on age discrimination?

How would the courts rule in this case?

Can you cite your evidence in Chapter 9? Pg. 237-238

Types of Discrimination
● Genetic
○ Individuals or groups treated unfairly based on their genetic information.
■ Employment, harassment, and healthcare
○ Genetic Information Nondiscrimination Act (GINA)
● Pregnancy
○ Women treated unfairly because of pregnancy, childbirth, medical condition, or even being unwed.
■ Employment, accommodations, healthcare, and harassment.
○ Pregnancy Discrimination Act of 1978
○ Cleveland Board of Education v. LaFleur; 1974 gender discrimination for pregnant teachers, must provide
accommodations
● Sexual
○ Individuals treated unfairly based on their sex, gender, or those that identify as transgender.
■ Employment, harassment, and stereotyping
○ Employment Non-Discrimination Act of 2013
○ Oncale v. Sundowner Offshore Services; 1998 same sex harassment, covers all harassment in the workplace
○ Meritor Savings Bank v. Vinson; 1986 sexual harassment in workplace; establishes liability
○ Franklin v. Gwinnett County Public Schools; 1992 importance of Title IX sex discrimination and advancing gender
equality in education
Scenario #2
Directions: You will work with your team to discuss the scenario. If you are up for
the challenge, role play the scenario between the hiring manager and the candidate.
Five minutes to discuss and share out with group.
A teacher, Sammy, files a harassment complaint against their coworker,
Steven, alleging that Steven has been making derogatory comments about
Sammy’s sexual orientation. Despite reporting the harassment to HR,
Sammy feels that their concerns are not being taken seriously, and the
harassment continues.
Does Sammy have grounds to file a suit for sexual harassment based on the
hostile work envionrment?

How would the courts rule in this case?

Can you cite your evidence in Chapter 9? Pg. 241-243