Authors: Margaret C Jasper
ISBN-13: 9780195338980, ISBN-10: 0195338987
Format: Hardcover
Publisher: Oxford University Press, USA
Date Published: March 2008
Edition: (Non-applicable)
MARGARET C. JASPER is an attorney engaged in the general practice of law in South Salem, New York, concentrating in the areas of personal injury and entertainment law. Ms. Jasper holds a Juris Doctor degree from Pace University School of Law, White Plains, New York, is a member of the New York and Connecticut bars, and is certified to practice before the United States District Courts for the Southern and Eastern Districts of New York, the United States Court of Appeals for the Second Circuit, and the United States Supreme Court. Ms. Jasper has been appointed to the law guardian panel for the Family Court of the State of New York, is a member of a number of professional organizations and associations, and is a New York State licensed real estate broker operating as Jasper Real Estate, in South Salem, New York. Margaret Jasper maintains a website at http://www.JasperLawOffice.com. In 2004, Ms. Jasper successfully argued a case before the New York Court of Appeals, which gives mothers of babies who are stillborn due to medical negligence the right to bring a legal action and recover emotional distress damages. This successful appeal overturned a 26-year old New York case precedent, which previously prevented mothers of stillborn babies to sue their negligent medical providers.
Book Synopsis
If you ever questioned whether your employment rights have been violated, Employment Discrimination Law under Title VII can help you get the facts on exactly what your rights are as an employee. More fully discussed in this publication, Title VII prohibits discrimination in hiring, promotion, discharge, pay, fringe benefits, and other aspects of employment, on the basis of race, color, religion, sex, or national origin.
Now revised and updated by Margaret C. Japser, this second edition offers the latest statutes, resource directories, and other pertinent information and data regarding employment discrimination.
Ideal for employees or anyone who wants to broaden their understanding of employment discrimination, this new edition proves to be a one-stop comprehensive resource.
Table of Contents
About the Author ix
Introduction xiii
Overview of Discrimination in the Workplace
History of Employment Discrimination Law 1
Passage of Title VII 1
Inclusion of the Sex Amendment 2
Strengthening the Remedies 2
What is Employment Discrimination? 2
Employment Discrimination Under Title VII 3
Covered Employers 4
Prohibited Actions 4
Terms of Employment 4
Harassment 4
Retaliation 4
Stereotyping 5
Association with Covered Individual 5
Retaliation 5
Covered Employees 5
Protected Activities 5
Opposition 5
Participation 6
Reasonable Accommodation 6
Retaliation Statistics 6
The U.S. Equal Employment Opportunity Commission 6
Statutory Jurisdiction 7
Title VII of the Civil Rights Act of 1964 7
The Civil Rights Act of 1991 7
The Equal Pay Act of 1963 8
The Age Discrimination in Employment Act of 1967 8
Title I of theAmericans with Disabilities Act of 1990 8
Section 501 of the Rehabilitation Act of 1973 8
Notice Requirement 8
Contact Information 9
Additional Anti-Discrimination Legislation 9
Multinational Employers 9
Covered Employers 9
Covered Employees 10
Employees of Non-U.S. Employers in the United States 10
Non-Citizens Working Outside the United States 10
U.S. Citizens Working Outside the United States 10
How to Determine Who is a U.S. Employer 10
How to Determine Whether a Company is "Controlled" by a U.S. Employer 11
Foreign Laws Defense 11
Protecting Your Rights in the Workplace 11
Reaching an Informal Resolution with Your Employer 12
Filing a Discrimination Charge
In General 13
Required Information 13
Time Limitations 14
Fair Employment Practices Agencies 14
Processing the Discrimination Charge 15
Resolving the Discrimination Charge 15
Filing a Private Lawsuit 16
Remedies 16
Compensatory and Punitive Damages 17
Notice to Employees 17
Corrective Action 17
Filing a Complaint with a Federal Agency 17
EEO Counseling 18
Alternative Dispute Resolution 18
Filing a Complaint 19
Investigation 19
Offer of Resolution 20
Amending the Complaint 20
Dismissing the Complaint 20
Discovery 21
Administrative Hearing 21
Final Agency Action 22
Filing an Appeal with the EEOC 23
Filing a Civil Action 24
Class Complaints 24
The EEOC Mediation Program
History of the EEOC Mediation Program 27
What is Mediation? 28
Eligibility 28
Confidentiality 28
Representation 29
Enforceability 29
The Mediation Process 29
Using Mediation at the Conciliation Stage 30
Advantages of Mediation 30
The EEOC "Referral Back" Mediation Pilot Program 31
Participation Criteria 31
Pilot Program Procedure 32
Confidentiality Agreements 32
Settlement Agreements 32
Universal Agreement to Mediate (UAM) 33
Benefits of a UAM 33
Signatories 33
Discrimination on the Basis of Race or Color
In General 35
Race-Related Characteristics and Conditions 35
Pre-Employment Inquiries Concerning Race or Color 36
Job Requirements 36
Compensation and Other Employment Terms 37
Segreation and Classification of Employees 37
Harassment 37
Retaliation 38
Statistics 38
Discrimination on the Basis of Religion
In General 39
What Constitutes Religious Belief or Practice? 39
Pre-Employment Inquiries 40
Reasonable Accommodation 40
Alternative Reasonable Accommodations 41
Undue Hardship 41
Union Dues 42
Mandatory "New Age" Training Programs 42
Harassment 42
Retaliation 42
Statistics 43
Discrimination on the Basis of Sex
In General 45
Sex as a Bona Fide Occupational Qualification 45
Gender-Oriented State Laws 46
Separate Lines of Progression and Seniority Systems 47
Discrimination Against Married Women 47
Advertising Job Opportunities 48
Employment Agencies 48
Pre-employment Inquiries 48
Fringe Benefits 48
Statistics 49
Sexual Harassment 50
Equal Employment Opportunity Commission Standards 50
Standard of Conduct 50
The Reasonable Female Employee Standard 50
The Severe and Pervasive Standard 51
The Unwelcome Conduct Standard 51
The Sexually Offensive Atmosphere 52
The Hostile Work Environment 52
Statistics 52
Pregnancy Discrimination 52
Health Insurance 53
Fringe Benefits 54
Statistics 54
The Equal Pay Act of 1963 54
Skill 54
Effort 54
Responsibility 54
Working Conditions 55
Establishment 55
Covered Employers 55
Affirmative Defenses 55
Statistics 55
Discrimination on the Basis of National Origin
In General 57
English-Only Rule 57
Denial of Employment Based on Accent 58
Harassment 58
Discriminatory Immigration-Related Practices 59
The National Security Exception 59
The Bona Fide Occupational Qualification Exception 59
Citizenship Requirements 59
Employer Selection Procedures 59
Statistics 60
Discrimination on the Basis of Age
In General 61
Covered Employers 61
Adea Protections 62
Apprenticeship Programs 62
Job Notices and Advertisements 62
Pre-Employment Inquiries 62
Benefits 62
Exceptions to Coverage 63
Waiver of Adea Rights 63
Burden of Proof in an Adea Case 64
Statistics 64
Discrimination on the Basis of Disability
In General 65
Covered Employers 65
Prohibited Practices 65
Covered Persons 66
Disability Defined 66
Qualified Individual 67
Essential Functions 67
Reasonable Accommodations 68
Disclosure 69
Undue Hardship 69
Direct Threat 69
Accessibility 70
Preferential Treatment 70
Tax Credits and Deductions 71
Recordkeeping Requirement 71
Notice Requirement 71
Medical Examinations 71
Drug and Alcohol Addiction 72
Statistics 73
Additional Basis of Discrimination
In General 75
Federal Protection 75
The Civil Service Reform Act of 1978 (CSRA) 75
Executive Order 13087 - Sexual Orientation Discrimination 76
Executive Order 13152 - Status as a Parent 76
Executive Order 11478 76
Filing a Discrimination Complaint 77
State and Local Laws 77
California Statute 77
Perceived Sexual Orientation 78
Statute of Limitations 78
Relationship to Other Laws 78
Damages 78
Appendices
Directory of EEOC Offices 79
Title VII of the Civil Rights Act of 1964 85
Selected Provisions - the Civil Rights Act of 1991 115
Selected Provisions - the Equal Pay Act of 1963 121
Selected Provisions - the Age Discrimination In Employment Act (ADEA) of 1967 133
Selected Provisions - the Americans with Disabilities Act (ADA) of 1990 145
Notice of Right to Sue (Issued on Request) 157
Directory of EEOC Mediation Program - Field and District Offices 159
Table of EEOC Mediation Statistics (Fiscal Years 1999-2003) 163
Universal Agreement to Mediate 165
List of Signatories to the EEOC National Universal Agreement to Mediate 167
Table of Race-Based Discrimination Charges and Resolutions (2000-2006) 171
Table of Religion-Based Discrimination Charges and Resolutions (2000-2006) 173
Table of Sex-Based Discrimination Charges and Resolutions (2000-2006) 175
Table of Sexual Harassment Charges and Resolutions (2000-2006) 177
Table of Pregnancy-Based Discrimination Charges and Resolutions (2000-2006) 179
Table of Equal Pay Act Charges and Resolutions (2000-2006) 181
Table of National Origin-Based Discrimination Charges and Resolutions (2000-2006) 183
Table of Age Discrimination in Employment Act (ADEA) Charges and Resolutions (2000-2006) 185
Table of Americans with Disabilities Act (ADA) Discrimination Charges and Resolutions (2000-2006) 187
Glossary 189
Bibliography 197
Subjects