Customer Preferences, Hooters case, 283. Fetal Protectio

1
GENDER DISCRIMINATION

• Legal Protection Is Extremely Broad Evolving
  Case-by-Case
• COVERS Hiring, Firing, Comp., Training,
  Pregnancy, etc.
• Can be Intentional (Disp. Treatment) or Disp.
  Impact
• Scope Requires Management Sensitivity to Gender
  Issues

2
MANIFESTATIONS OF GENDER DISCRIMINATION

• Gender Plus,
• Gender Stereotypes,
• Customer Preferences,
• Fetal Protection Rules,
• UAW v. Johnson

3
The Lilly Ledbetter Fair Pay Act

• Amends Title VII
• Reversed effect of previous contrary US Sup.
  Court decision
• Effect of the Amend the 180 day SL RESETS with
  each new discriminatory paycheck

4
BFOQ DEFENSE

• D must show 1) discrimination is a job-related,
  business necessity
• 2) No reasonable alternatives. Dothard

5
EQUAL PAY ACT

• Only applic to PAY DIFFS Title VII for all other
  gender discrim.
• Jobs compared must be substantially equal
  (Narrower than Title VII)
• Longer S/L than Title VII
• Same defenses to EPA Title VII--Seniority,
  etc.

6
EQUAL PAY (CONT)

• Ps may file EPA Title VII
• Private Ps may get addl under EPA if prove
  Int. Discrim.
• If P cant prove gender pay disparity was between
  jobs Subst. Equal, cant sue under EPA, but can
  under Title VII

7
PREGNANCY DISCRIM.

• PDA added to Title VII
• Preg. must be treated as a temp. disability,
  entitled to same benes as other disabilities,
  incl
• Sick Leave, Temp Disability Insur, Reas Accomms.

8
Family Medical Leave Act

• 12 weeks of Unpaid leave
• Addl Benes in various states
• CAL FRA gives preg. Eees 4 mos unpaid leave
  rt of reinstatement to same job upon return
  unless unavail. due to Bus. Necessity
• Addl 12 weeks baby-bonding possible
• New Cal. Paid Family Leave