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4. A 60-year old printing manager with more than 30 years experience in the printing
industry was told that he was “overqualified” for some 32 positions within his
company, which he had applied for when his own company division was closed
down. He sued.
v. Time, Inc., 1/24/91.
5. An employer decided to reduce its selling force and offered early retirement to
salespersons over age 55. The employees had two months to consider the offer.
Several who accepted the offer later sued under ADEA.
1987) which held that every retirement under an early retirement offer creates a prima
facie case of age discrimination.
6. A discharged 59-year-old employee signed a consulting contract with the defendant
employer. The contract contained a waiver of ADEA rights. When the contract
expired, the former employee sued for age discrimination.
illegally in stopping severance payments.
C. Discrimination on the Basis of Disabilities
Emphasize:
The passage of the Americans with Disabilities Act of 1990 and 2008 amendments.
The final regulations that were passed in 2011 expanding the ADA to a broader group.
That a disability is “any physical or mental impairment that substantially limits one or
more of an individual’s major life activities.”
That homosexuality, sexual behavior disorders, compulsive gambling, kleptomania, and
disorders resulting from current drug or alcohol use are not protected disabilities.
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The meaning of “qualified disabled.”
Reasonable Accommodation under the ADA
Discuss:
What a “reasonable accommodation” includes.
The definition of “undue hardship.”
Sidebar 20.11—“Chipotle Mexican Grill: Must Accommodate Disabled Patrons”
Remedies under the ADA
Explain:
That the remedies under the ADA are basically the same remedies available under the
Civil Rights Act, including hiring, reinstatement, back pay, front pay, injunctive
relief, and compensatory and punitive damages.
Although the ADA does not prohibit sexual orientation discrimination, as of 1997 at
least 11 states and the District of Columbia did by state law. The states include
California, Connecticut, Hawaii, Massachusetts, Minnesota, New Jersey, Rhode
Island, Vermont, Wisconsin, Maine, and New Hampshire. Also, hundreds of U.S.
corporations prohibit such discrimination. National legislation has been sponsored as
says.
Employers’ use of employees’ old accident records to blacklist them from new
employment may bring ADA claims. There is also concern that ADA claims may
follow after workers’ compensation claims if employers will not take back injured
workers.
Companies that use generic screening to cull out prospective employees may find this
practice forbidden by ADA.
D. Genetic Discrimination
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Emphasize:
Violation of GINA”
E. Discrimination in Getting and Keeping Health Insurance
Emphasize:
The Health Insurance Portability and Accountability Act.
The act primarily prevents discrimination against individual employees in small
F. Other Federal Legislation
Emphasize:
That the National Labor Relations Board has ruled that appeals to racial prejudice in a
collective bargaining representation election constitute an unfair labor practice.
The obligations of the employer in a collective bargaining arrangement.
laws that impose additional duties and liabilities on employers.
If employment agencies or labor organizations discriminate against an individual in any
way because of one of these reasons, they are also guilty of an unfair employment
practice.
State and local laws often protect categories of persons not protected by federal law.
Chapter 20 – Discrimination in Employment
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Note that a number of states and cities prohibit discrimination based on gender
orientation. By 2000 some 3500 companies offered “domestic partner” benefits without
regard to gender orientation. These companies included American Express, Boeing,
Chase Manhatten, Coca-Cola, IBM, and the Big Three auto manufacturers are included
in that number.
H. Trends in Employment Discrimination and Litigation
Emphasize:
The role of managers in dealing with employment discrimination and litigation.
Surge in Private Lawsuits
Discuss:
Factors encouraging employees to sue their employers.
How increasing numbers of baby boomers is forcing managers to learn more about
anti-discrimination measures.
Sidebar 20.13—“Is it Important to Investors if the CEO Is a Man or a Woman?”
Arbitration in Employment Discrimination Disputes
Describe:
Arbitration is usually cheaper, quicker, and less public than litigation.
The current confusion over arbitration in the employment relationship. Mention the
decision in Circuit City Stores, Inc. v. Adams.
Proper arbitration agreements should continue to be considered as a business
response to litigation of employment disputes.
Insuring against Employment Discrimination Claims
Explain:
That the general liability policies carried by many businesses, which cover bodily
injury and property damage, often do not insure against intentional torts.
The growing prevalence of insurance policies that insures employers against
discrimination lawsuits.
How corporate governance relates to employment discrimination and how anti-
discrimination laws fit into a property-based legal system.
Additional Matters for Discussion:
An American Management Association survey found a number of employers who
Chapter 20 – Discrimination in Employment
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admit discriminating against employees based on genetic testing.
Answers to Review Questions and Problems
The Civil Rights Act of 1964
1. General Provisions
2. Enforcement Procedures
Depending on the court and specific facts adduced, students would be able to argue either
3. Discrimination on the Basis of Race or Color
4. Discrimination on the Basis of National Origin
Some courts have held that if jobs require contact with the public, a requirement that
5. Discrimination on the Basis of Religion
The Supreme Court has ruled that employers must make “reasonable accommodations” to
6. Discrimination on the Basis of Sex
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Yes, the employer must take immediate steps to correct the hostile work environment or risk
Title VII liability, failing which a lawsuit may be brought upon the employer.
Employment Practices That May Be Challenged
7. Questionnaires, Interviews, Testing, and Educational Requirements
A test that has the effect of discriminating against one of the groups covered under the Civil
8. Height and Weight Requirements
a) Unless the employer can establish that height is a BFOQ (and it probably cannot under
9. Appearance Requirements
10. Affirmative Action Programs and Reverse Discrimination
11. Seniority Systems
Other Statutes and Discrimination in Employment
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12. Civil Rights Act of 1866
The primary advantage to the Civil Rights Act of 1866 is that under it there are no limits on
EEOC before filing a lawsuit.
13. Discrimination on the Basis of Age
14. Discrimination on the Basis of Disabilities
The company has probably acted illegally under the Americans with Disabilities Act (ADA).
15. Genetic Discrimination
16. Discrimination in Getting and Keeping Health Insurance
17. Other Federal Legislation
18. State Antidiscrimination Laws
19. Trends in Employment Discrimination and Litigation
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Yes, but the employer must be sure to give consideration to the employee for the employee’s
promise to arbitrate.
Business Discussion #1
1. What are Maria’s legal rights in this situation?
2. What would you do if you were the site manager?
This is a subjective question. Ideally, the manager should notify the proper authorities in the
company hierarchy and then promptly investigate the validity of Maria’s claims. If the
3. Do you think Maria should just try to “fit in?”
Business Discussion #2
1. Does the height, weight, age, and education policy discriminate illegally?
2. How would you change the policy?
3. If your customers prefer male drivers, does their preference mean that the company can hire
only males as drivers?