An Overview of Discrimination and Harassment Under Federal Law

Similar documents
2015 Nuts & Bolts Seminar Johnston (Central Iowa)

Kristin Ellis Berexa Farrar and Bates LLP

EMPLOYMENT DISCRIMINATION DEPOSITIONS Law, Strategy and Sample Depositions

HOLDING EMPLOYERS AND EMPLOYEES ACCOUNTABLE. In the State of New York, there is a long settled rule that employees are hired at will unless

Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002

THE LAW. Equal Employment Opportunity is

Federal Contractor Applicant Posting Center

Space and Naval Warfare Systems Command Equal Employment Opportunity Program

1. Race, color, or national origin; 2. Sex; 3. Religion; 4. Age (applies to individuals who are 40 years of age or older); or 5. Disability.

HRxpress -- Federal HR Compliance including Posting and Notice Requirements

Notification and Federal Employee Antidiscrimination and Retaliation (No FEAR) Act Training

FEDERAL ANTI-EMPLOYMENT DISCRIMINATION LAWS

THE UNIVERSITY OF TENNESSEE, KNOXVILLE FEDERAL DISCRIMINATION LAWS: A BRIEF SUMMARY

The Legal Side of Human Resources (HR) in Insurance

Employer Legal Obligations

The Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002

Employment Practices Liability

What to Know About Route EEO

(insert name of product) EMPLOYMENT PRACTICES LIABILITY COVERAGE PART

Employment Discrimination

The Federal Bar Association's Basics Of Employment Discrimination Law Pro Se Clinic

DETAILED TABLE OF CONTENTS

EMPLOYEE RIGHTS AND RESPONSIBILITIES UNDER THE FAMILY AND MEDICAL LEAVE ACT

NO FEAR Act Notice. Antidiscrimination Laws

1. Equal employment opportunity means that an employer must give preference to women and minorities in the workplace.

No FEAR Act: Notification and Federal Employee Anti-Discrimination and Retaliation Act of 2002

THE LAW. Equal Employment Opportunity is

APPLICATION FOR EMPLOYMENT

(11) For an employer, by the employer or the employer's agent, for an employment agency, by itself or its agent, or for

2018 EMPLOYMENT LAW UPDATE

GFOA-MO Winter Conference Employment Law Update Round 2

Employment Law New Challenges in the Business Environment

Lawyer s Disclaimer 10/09/15

Equal Employment Opportunity is THE LAW

Employment discrimination and retaliation in North Carolina

SPECIMEN. Power Source SM Employment Practices Liability Coverage Section

MICHIGAN EMPLOYMENT LAW Butzel Long, a professional corporation James S. Rosenfeld, Bethany Steffke Sweeny and Clara DeMatteis Mager

Young v. United Parcel Service, Inc. March 25, 2015

Why USERRA Matters Now

Extended Unpaid Military Leave

Patrick Traynor, Ph.D., Superintendent 43 Hawkside Drive, Markleeville, CA PHONE (530) FAX (530)

Statutory Basis. Oldie But Goldie! 1/28/2009. Chapter 11. Age Discrimination

The Illinois Illinois Department Department of Human Human Rights

Employment Practices Liability Insurance Coverage Section

Equal Employment Opportunity is THE LAW

EMPLOYMENT PRACTICES LIABILITY COVERAGE PART TABLE OF CONTENTS

KENTUCKY State Laws by Topic

Federal Act S479, Known as Small Business E ciency Act

EMPLOYMENT-RELATED PRACTICES LIABILITY ENDORSEMENT

APPLICATION FOR EMPLOYMENT

HRxpress, Inc. 219-A West Carrillo St. - Santa Barbara, CA Tel (805)

Office of the City Clerk Sierra Highway, Suite C Palmdale, CA (661) Housing Authority/Volunteer Application

Writing a Business Plan: Learning Objectives

Fair Housing Conference

(H.99) It is hereby enacted by the General Assembly of the State of Vermont: (1) Pay inequity has been illegal since President Kennedy signed the

SUPREME COURT RECOGNIZES DISPARATE IMPACT CLAIMS UNDER THE AGE DISCRIMINATION IN EMPLOYMENT ACT

PRIVATE COMPANY EMPLOYMENT PRACTICES LIABILITY DECLARATIONS

(PLEASE PRINT) DATE OF APPLICATION

Office of Superintendent of Schools April 1, 2019 Board Meeting of April 17, 2019 MONTHLY FINANCIAL REPORT FOR THE PERIOD ENDING FEBRUARY 2019

FACILITIES USE AGREEMENT

HR-Related Legislation

THE BASICS OF EMPLOYMENT DISCRIMINATION LAW. Riley Fletcher Basic Municipal Law Seminar. February 13, 2009

KANSAS State Laws by Topic

IC Chapter 5. Employment Discrimination Against Disabled Persons

Basics of Alabama Lien Law

Complaint Number EM /31/89-DN DECISION AND ORDER. Complainant Mary J. Fernino ("Complainant") filed a verified

MINORITY AND WOMEN-OWNED BUSINESS UTILIZATION AND SERVICE-DISABLED VETERAN-OWNED BUSINESS AGREEMENT

Order Code RS22170 June 20, 2005 CRS Report for Congress Received through the CRS Web The Age Discrimination in Employment Act and Disparate Impact Cl

Affordable Care Act: 2015 Transition Rules

Contingent Worker Code of Conduct

CHART OF WORKPLACE DATA AND RELATED LEGAL REQUIREMENTS

EMPLOYMENT PRACTICES LIABILITY ISSUES

GENERAL INTAKE QUESTIONNAIRE FAIR EMPLOYMENT PROGRAM

Employment Law Update: Beyond Affirmative Action. Cara Crotty & Sylvia Smith Constangy, Brooks, Smith & Prophete, LLP

health benefit exchanges and marketplaces under, 115 individual mandate under, 113 introduction to, 113 Medicaid/Medi-Cal under, 116 navigators for,

ATLASSIAN CORPORATION PLC CODE OF BUSINESS CONDUCT & ETHICS

Employee Benefits Summary Full-Time Employees

Overview of the Equal Employment Opportunity Commission and the Processing of a Charge of Discrimination

Workplace Wellness Plan Design Legal Issues

Code of Conduct U.S. Supplemental Requirements

Federal and Massachusetts Leave Entitlements

4-H YDP TREASURER S REPORTS

Workplace Wellness Plan Design Legal Issues

MINORITY AND WOMEN-OWNED BUSINESS UTILIZATION AND SERVICE-DISABLED VETERAN-OWNED BUSINESS AGREEMENT

H 7115 S T A T E O F R H O D E I S L A N D

In modern society, many people spend as

Whistleblowing: What Compliance Professionals Need to Know

Whistleblowing: What Compliance Professionals Need to Know

CONTRACTOR CODE OF BUSINESS CONDUCT

Last Name First Name Middle Initial ADDRESS Street City County State Zip

American Eagle Outfitters Inc. Subject: Code of Ethics. Last Revised: 6/2016 INTRODUCTION COMPLIANCE WITH LAWS

Employment Practices Liability Coverage Section

Compliance Requirements for Church Plans

Record Keeping Requirements & Destruction. Attorney Minakshi V. Hemlani Wednesday July 2, 2014

MEDIA24 WHISTLEBLOWER POLICY

EMPLOYMENT LAW HANDBOOK FOR NON LAWYERS

Today s webinar will begin shortly. We are waiting for attendees to log on.

Employment Practices Liability Coverage Element Declarations

Age Discrimination. I. Age Discrimination In Employment Act. Age Discrimination. A. Who is Protected Under the ADEA?

CIVIL RIGHTS POLICY AND PROCEDURES FOR STUDENTS

Transcription:

An Overview of Discrimination and Harassment Under Federal Law Lauren A. Smith Lanier Ford Shaver &Payne P.C. 2101 West Clinton Avenue, Suite 102 Huntsville, AL 35805 LAS@LanierFord.com 256-535-1100 www.lanierford.com 2017 1

Sources of Federal Law Title VII of the Civil Rights Act of 1964. Americans with Disabilities Act (ADA). Pregnancy Discrimination Act (PDA). Family Medical Leave Act (FMLA). Age Discrimination in Employment Act (ADEA). Genetic Information Nondiscrimination Act (GINA). Uniformed Services Employment and Reemployment Rights Act (USERRA). 42 U.S.C. 1981. Equal Pay Act (EPA). Immigration Reform and Control Act (IRCA). 2

Covered Employers Title VII, ADA, GINA 5 or more employees for each working day in twenty or more calendar weeks in the current or proceeding year. FMLA 50 or more employees. ADEA 20 or more employees. USERRA all employers. Section 1981 all non-federal employers. EPA same coverage as Fair Labor Standards Act (interstate commerce that does $500k annually). IRCA between 3-15 employees. 3

Public Entities ADEA, EPA, FMLA, PDA no minimum employee limit. Title VII, ADA, GINA 15 or more employees. 4

What is discrimination? Taking an adverse employment action against an employee based on his or her membership in a protected class. 5

Protected Class or Characteristic Race Color Religion or creed National origin Sex Gender Pregnancy Sexual orientation Age Physical or mental disability Veteran status Genetic information Citizenship 6

Adverse Employment Action An action that affects the terms and conditions of employment. 7

Adverse Employment Actions Adverse Employment Actions Termination. Demotion. Failure to hire. Loss of pay or other financial benefits. Reduction of hours. Harassment (more on that later). NOT Adverse Employment Actions Denial of training. Reassignment. Changing supervisors. Cold shoulder from coworkers. Poor performance reviews. 8

Theories of Liability Disparate treatment. Harassment. Disparate impact. Failure to accommodate. Pattern and practice. Retaliation. Cat s paw. 9

Types of Evidence Direct I am firing you because you are Catholic. Must come from decision maker. Indirect You Catholics don t know how to work hard. Most common. Triggers McDonnell-Douglas burden-shifting framework. 10

Harassment Quid pro quo. Hostile working environment. Severe and pervasive. Frequency. Physically threatening. Status of harasser. 11

Retaliation Retaliation is also prohibited under most federal employment laws. Elements: Statutorily protected conduct. Adverse employment action. Causation. 12

Equal Employment Opportunity Commission (EEOC) Employee has 180 days to submit charge. Requirement before filing a lawsuit. Procedure: Charge submitted by employee. Employer submits position statement. EEOC may ask for more information or conduct onsite inspection. Right-to-sue letter. File lawsuit within 90 days. 13

Defenses Legitimate, nondiscriminatory reason. Decision maker in protected class. Bona fide occupational qualification. Good-faith reliance on EEOC opinions. After-acquired evidence of misconduct. Failure to exhaust administrative remedies. Job-related, business necessity. Undue hardship. 14

Best practices Anti-discrimination, anti-harassment policy. Annual performance reviews. Consistent application of policies, including discipline. Clear communication between management and employees. Training. Fair internal investigations. Take prompt corrective action. 15

Questions? 16