TAILIEUCHUNG - Lecture Dynamic business law (3/e) - Chapter 43: Employment discrimination
After reading this chapter, you will be able to answer the following questions: When may an employee be legally fired? What are the federal laws governing employment situations? What are the legal requirements for a charge of sex discrimination? What is the difference between discrimination based on disparate treatment and discrimination based on disparate impact? What are the legal requirements for a charge of sexual harassment?. | Chapter 43 Employment Discrimination Copyright © 2015 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. Chapter 43: Employment Discrimination 43- “Employment-At-Will” Means that any employee not employed under a contract/collective bargaining agreement may quit for any reason/no reason at all, with no required notice to employer Also means employer may fire employee at any time, with no notice, for almost any reason “Employment-at-will” means that any employee not employed under a contract or collective bargaining agreement may quit for any reason or no reason at all, with no required notice to the employer. It also means an employer may fire an employee at any time, with no notice, and for virtually any reason. 43- Federal Employment Laws Provide minimum level of protection for employees States may give employees more rights, but not less rights, than they have under federal law (federal supremacy) Federal employment laws provide a minimum level of protection for employees. States may give employees more rights, but not less rights, than they have under federal law. 43- Title VII of the Civil Rights Act (1964, As Amended by the Civil Rights Act of 1991) Protects employees against discrimination based on: Race Color Religion National Origin Gender Title VII of the 1964 Civil Rights Act, as amended by the Civil Rights Act of 1991, protects employees against discrimination based on race, color, religion, national origin, or gender. 43- “Disparate Treatment” Versus “Disparate Impact” Discrimination “Disparate Treatment” Discrimination: In all aspects of human resource management (hiring, firing, promotions, etc.), if candidate/employee discriminated against based on membership in a protected class, employee has actionable claim based on intentional discrimination “Disparate Impact” Discrimination (also referred to as unintentional discrimination): .
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