Introduction, Lecture 3: Introduction to Human Resources

1
Fundamentals of Human Resources and the Law

• Prof. John Kammeyer-Mueller
• MGT 4301

2
Plan

• Where are we?
• Know how HR fits the company
• Where do we want to be today?
• Understand the basics of employment
  discrimination law
• Learn about who and what is covered
• How will we know how were doing?
• Describe two historical arguments for and against
  civil rights laws
• Respondeat superior/vicarious liability
• The difference between protected classes and
  protected groups
• What is the Civil Rights Act of 1964 and why was
  it passed?
• What is the Age Discrimination in Employment Act
  and why was it passed?
• What is the Americans with Disabilities Act and
  why was it passed?

3
Metrics for Legal Policies and Procedures

• Costs
• Staff time to comply with legalistic policies and
  procedures
• Lawsuits following legal violations
• Services
• Clearly articulated policies and procedures
• Widely disseminated to all employees
• Performance
• Increased focus on work
• Employee productivity as a result of clarity
• Attitudes
• Improved satisfaction and commitment on the job
• Reduced tension among employees

4
Does Fortune Favor the Beautiful?
5
Attractiveness Bias Against Your Own Interest

• Economist V. Bhaskar analysed 69 episodes of
  Shafted, which aired on Dutch TV in 2002, in
  which the highest-scoring player picks a
  contestant to eliminate at the end of each round.
  It is to your advantage to pick a high scoring
  partner.
• Although the least attractive players scored no
  worse in the show than others, they were twice as
  likely to be eliminated in the first round.
• In the final round of Shafted, the last two
  players vie for an accumulated pot of money. Each
  player must opt to share the prize or attempt to
  grab it all for themselves. If one player opts to
  grab while one opts to share, the grabber takes
  the lot. If both try to grab, they both leave
  empty-handed, so game theory dictates that the
  leading contestant should pick a fellow finalist
  who is likely to cooperate. Even though
  attractiveness was found to have no bearing on
  cooperativeness, the leader often elected to play
  the final round with the most attractive of their
  remaining rivals.
• In 13 shows, these looks-based decisions even
  overrode a simple imperative to choose their
  highest-scoring rival, which would have led to
  increases in the ultimate prize fund. In these
  cases, the prize was 350 lower than it could
  have been, on average.
• Source New Scientist, August 2008

6
Does Fortune Favor the Beautiful?

• Critical question
• Should employers be able to discriminate against
  people because they are attractive or
  unattractive?
• Get together in groups and come up with three
  reasons why this discrimination should be
  permitted, and three reasons why it should be
  forbidden by law
• Purpose of this question?
• To illustrate why discrimination is regulated in
  the first place
• To illustrate what a tricky issue regulating
  discrimination is

7
How Much Regulation is Needed?

• Pro-regulation
• People are prone to stereotypes
• Historical evidence of strong explicit
  discrimination and concern that it may be
  repeated in the future
• Evidence of disparate outcomes in salary
• Unequal representation in executive positions

8
Median Weekly Incomes by Race/Ethnicity (men)
9
Median Weekly Incomes by Race/Ethnicity (women)
10
Median Weekly Incomes by Gender
11
Evidence of Narrowing Wage Gaps
From Sakamoto, Wu, Tzeng, Demography 2000 All
coefficients are significant except the Japanese
American 1990 coefficient
12
Representation in Management

• BLS data from 2007 show that of employed adults
• White males45
• White females 37
• African American males5
• African American females6
• Asian men2.5
• Asian women2
• Hispanic men8.5
• Hispanic women5.5
• Hispanic is not a racial group (½ of American
  Hispanics self-identify as White)
• Data on the left is Chief Executives from the
  2007 Fortune 1000

13
Skin Color and Income Is There a Relationship?

• Race is subjective and self-identified
• Different people may differentially consider
  themselves part of racial groups
• Hispanic is a difficult term to define and
  includes those whose families are completely from
  Spain and wealthy white individuals from a
  variety of Central and South American countries
• Research suggests that very few African Americans
  are 100 of African descent, and many Whites,
  Asians, and Native Americans also have a more
  varied ethnic background than they might believe
• Perhaps skin color can assess whether
  discrimination exists?
• There are studies where observers rate
  interviewee skin color
• Anecdotal and historical evidence of differential
  discrimination against African Americans on the
  basis of skin color

14
Skin Color and Income Is There a Relationship?

• Darker skinned African Americans earn less money
• Could employers be discriminating?
• Are there some other characteristics that differ
  based on skin color, possibly reflecting region
  of the country (for example, New York has higher
  wages than Georgia, and less sunshine)?
• It is difficult to directly assess the first
  hypothesis, but there is still a significant
  negative relationship between income and skin
  color even after holding constant a variety of
  educational and regional characteristics
• Goldsmith, Hamilton, and Darity, Shades of
  Discrimination Skin Tone and Wages, American
  Economic Review, 2007

15
Skin Color and Income Is There a Relationship?

• Darker skinned immigrants earn less money
• Could employers be discriminating?
• Are darker skinned immigrants less skilled
  (longer migrations, like from Europe or Asia,
  tend to be much more common for skilled workers)?
• Do people who work outside become more dark
  skinned compared to managerial and professional
  workers?
• It is difficult to directly assess the first
  hypothesis, but there is still a significant
  negative relationship between income and skin
  color even after holding constant a variety of
  educational, English language skills, and
  occupation-related characteristics
• Joni Hersch, Profiling the New Immigrant Worker
  The Effects of Skin Color and Height, Journal of
  Labor Economics, 2008

16
Demography and Earnings
17
Emerging Issues in What Constitutes a Protected
Class

• Height discrimination
• The evidence
• Taller candidates are more likely to win
  elections
• Height increases leadership ratings (r.25)
• Height is related to ratings of job performance
  (r.18)
• How does this line up for protected class issues?
• Its obviously something you cant do anything
  about
• It does create differences across protected class
  areas

18
How Much Regulation is Needed

• Anti-regulation
• Some discrimination is good
• Differences in education, workforce attachment,
  etc.
• Differences in productivity
• Irrational discrimination is expensive
• Have to recruit more people to get an all white
  male workforce
• Have to hire sub-optimally
• Therefore, discriminators go out of business
• Everyone seems to hope these laws wont be needed
• 25 year sunset on affirmative action decision
• EEOC specifically works to make itself unnecessary

19
Education Rates By Demographic Group
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21
The 14th Amendment

• Major components
• Federal government, for the first time, creates
  limits on states ability to make their own laws
• Introduces the concept of minority rights (not
  in name, but in concept) to the law
• Equal protection clause
• No state shall make or enforce any law which
  shall ... deny to any person within its
  jurisdiction the equal protection of the laws.
• Now broadly interpreted as restraining the
  government's ability to discriminate based on
  "classes" of race, sex, alienage, illegitimacy,
  wealth and any other class
• Applies only to governments
• The Equal Protection clause has been invoked in
  recent affirmative action decisions involving the
  U of Mich

22
From Plessy to Brown

• Plessy v. Ferguson
• Homer Plessy purchased a first class train ticket
  (as a deliberate provocation against Jim Crow
  laws), which was denied because he was 1/8th
  black
• Creates the concept of separate but equal which
  dominates the law of civil rights until 1954
• Brown v. Topeka Board of Education
• Linda Brown had to walk a mile to an all black
  school even though she was very close to a white
  school
• Generally eliminated the legal basis for separate
  but equal
• Technically, Plessy was not completely eliminated
  as a legal argument until Title II of CRA 1964

23
EEO Affects All Areas of HR

• Staffing
• Methods for selection
• Outcomes of selection methods
• Termination as selection in reverse
• Training and development
• Equal access to developmental opportunities
• Performance appraisal
• Accurate evaluation of employee performance
• Compensation
• Allocation of pay for performance
• The comparable worth debate

24
Critical Concepts in Employment Discrimination

• Discrimination
• Employment decisions or working conditions that
  benefit members of one group compared to members
  of another
• What is good discrimination?
• Tort
• A claim involving civil, monetary outcomes
• Not crimes
• Torts versus crimes
• Dont require a unanimous jury
• Require economic damages

25
Critical Concepts in Employment Discrimination

• Class action
• A single person or group of persons represents
  the legal interests of a larger group
• Frequent when a large class of employees have
  been affected by the same employment decision
• Extremely high costs to employers if they lose
• Obviously attractive to trial lawyers

26
Critical Concepts in Employment Discrimination

• Respondeat superior/vicarious liability
• Employers are responsible for the actions of
  their agents even if unaware of agents actions
• Discrimination is often a supervisor exercising
  or abusing his or her official position, so it is
  seen as acting in the stead of the organization
• A company is responsible for employees who
  discriminate even if it violates company policy
• What would make you more likely to blame an
  employer for discrimination? What would make you
  say its not really their fault?

27
Employer Responsibility Clarified in Two 1998
Cases

• Faragher v. Boca Raton
• Basic story
• Beth Ann Faragher was supervised by Billy Terry,
  David Silverman, and Robert Gordon
• She and other lifeguards claimed these
  individuals engaged in uninvited and offensive
  touching, lewd remarks, and speaking of women in
  offensive terms
• Eventually, Faragher quit but never brought a
  formal complaint
• After quitting, Faragher sued the city for
  discrimination/harassment
• City had a sexual harassment policy that they
  addressed to all employees, but they did not
  disseminate the policy to all divisions under the
  Citys jurisdiction
• Importantly there was no way to bypass reporting
  to the supervisor provided in the harassment
  complaint policy
• Employer must exercise reasonable care

28
Employer Responsibility Clarified in Two 1998
Cases

• Burlington Industries v. Ellerth
• Employer is liable if they knew or should have
  known
• Slowik was a mid-level manager
• Repeated boorish and offensive remarks and
  gestures
• Ellerth refused all of Slowiks advances, yet
  suffered no tangible retaliation
• She never informed anyone in authority about
  Slowiks conduct, despite knowing Burlington had
  a policy against sexual harassment.
• The supreme court didnt decide the case, but
  just noted that the employer did have an
  affirmative defense because they did have a
  potentially effective policy in place

29
Employment Discrimination and Retaliation

• Sheila White was the only woman in her department
  of forklift operators at Burlington Northern's
  Memphis train yard.
• After only a few months on the job, White
  complained of sexual harassment by her boss she
  was suspended
• A few days after her suspension, the company told
  White she was getting transferred to track
  laborer duties, because other employees
  complained that White was given the forklift job
  over more experienced male employees
• White responded to the re-assignment by filing
  complaints with the EEOC for sexual
  discrimination and retaliation
• Approximately six months after White was moved to
  track laborer she was suspended for alleged
  insubordination

30
Employment Discrimination and Retaliation

• On Dec. 5, 2005, the U.S. Supreme Court accepted
  review in the case
• "Not every trifling event in the workplace should
  give rise to events of retaliation," said Carter
  Phillips, counsel for Burlington Northern, "If
  you are just transferred from one set of
  responsibilities to another, there are no adverse
  affects."
• Approximately two times as many claims of
  retaliatory discrimination were filed in the last
  few years than were filed a decade ago, according
  to the EEAC. For this reason, the EEAC says it
  seeks from the Court a set of uniform guidelines
  determining what constitutes retaliatory
  behavior.
• On June 22, 2006, the Court held 9-0 for White
• Justice Steven Bryer wrote We conclude that the
  anti-retaliation provision does not confine the
  actions and harms it forbids to those that are
  related to employment or occur at the workplace.
  We also conclude that the provision covers those
  (and only those) employer actions that would have
  been materially adverse to a reasonable employee
  or job applicant

31
Employment Discrimination and Retaliation

• Gomez-Perez v. Potter (decided in 2008)
• Myrna Gomez-Perez worked full-time for the United
  States Postal Service (USPS) in Dorado, Puerto
  Rico. She transferred to another office, then
  requested to return to her past position in
  Dorado. After her request was denied, she filed a
  complaint with the USPS alleging age
  discrimination. Gomez-Perez claims that after she
  filed the complaint, her supervisors retaliated
  by reducing her work hours and lodging false
  complaints against her.
• Without ruling on the specific case itself, the
  court ruled that summary judgment against her was
  not warranted and that Federal employees did have
  the right to file retaliation claims

32
Employment Discrimination and Retaliation

• CBOCS West, Inc. v. Humphries (decided in 2008)
• Herndrick Humphries, an African American, worked
  as an associate manager in a Cracker Barrel
  restaurant for three years, until Cracker Barrel
  terminated his employment on December 5, 2001 for
  violation of company policy. In August and
  October 2001, Humphries complained to his
  district manager about his general managers
  disciplinary reports, racially offensive remarks,
  and the termination of fellow employee, Venis
  Green. Humphries believes his general mangers
  disciplinary reports and the termination of Green
  were racially motivated and groundless.
• Again, the court was deciding whether he could
  use 42 U.S.C. 1981 to file a discrimination
  claim. Section 1981 protects parties from
  discriminatory treatment both at the time when
  contracts are formed, and in post-formation
  conduct. Using Section 1981 gives employees
  greater flexibility in filing claims of
  retaliation, because they will not be subject to
  the filing deadlines and limits on damages found
  in Title VII of the Civil Rights Act of 1964.

33
How Are Discrimination Claims Processed?

• The Equal Employment Opportunity Commission is a
  regulatory body that oversees the enforcement of
  civil rights laws.
• Conduct initial investigation
• Issues fact finding letters
• After the EEOC has performed its investigation,
  the courts make decisions about what will happen
  next

34
Discrimination perceived
File claim with EEOC within 180 days (300 if
there is a relevant state law)
EEOC investigation
Decide case doesnt have merit (2/3 of all cases
are found to be without merit)
Attempt to enter consent decree with org.
If discrimination is not redressed, send letter
to the courts
Settlement/arbitration
Employee files suit
Disparate treatment
Disparate impact
Defendant practices are discouraged and/or have
no consequence
Defendant practice is job-related business
necessity
Plaintiff practices are not actually job related
Plaintiff enforcement is insufficient or
practices have consequence
Ruling from the court
35
Alternative Dispute Resolution Processes

• An increasing percentage of EEO claims never
  involve a lawyer or a courtroom about 70 of EEO
  claims are settled out of court
• Employers often require employees to sign an
  agreement that disputes will be settled through
  alternative dispute resolution processes
• Is this a good idea?
• Media coverage?
• Cost?
• Timeliness?
• Repeat player advantages?

36
The EEOC Position on Mediation

• Successful mediation avoids a time consuming
  investigation and achieves a prompt resolution of
  the charge.
• The majority of mediations are completed in one
  session, which usually lasts for one to five
  hours.
• Mediators are neutral third parties who have no
  interest in the outcome. Their role is to help
  the parties resolve the charge.
• Settlement agreements secured during mediation
  are confidential and do not constitute an
  admission by the employer of any violation of
  laws enforced by the EEOC.
• Note that this refers to using the EEOC as a
  mediator, which is an alternative to other forms
  of ADR that are entirely in-house.

37
EEOC Research on Mediation

• The average time to complete mediation was 67
  days from the filing of a charge, and that the
  mediation sessions averaged 3.7 hours.
• Fifty-two percent of the mediations concluded
  with settlements and over half of these
  settlements provided for financial payments to
  the charging party.
• Most of the participants were satisfied with the
  mediation process 66 of the charging parties
  and 72 of respondents expressed satisfaction
  with the process 91 of the charging parties and
  93 of the respondents rated the process as fair.
  
• Eighty-four percent of the charging parties and
  83 of the respondents indicated that they would
  use the mediation process again, if they had a
  similar problem.

38
Alternative Dispute Resolution Processes

• Mediation
• Agree to meet with a mutually agreed upon third
  party who has no decision making power
• This mediator will attempt to outline the issues
  for both sides and encourage structured bargaining

• Binding arbitration
• Agree to meet with a mutually agreed upon third
  party who has full contractual decision making
  power
• The arbitrator will outline the issues for both
  sides and find a reasonable compromise

39
Civil Rights Act of 1964Title VII

• Bedrock of all civil rights law (even outside US)
• Three major backer groups
• African-Americans
• Religious/cultural groups
• Southern business owners
• Four protected classes
• Race or color
• Religion
• National origin
• Gender

40
Critical Concepts in Employment Discrimination

• Basic language (adapted from Title VII)
• It is unlawful for an employer to hire or
  discharge an individual with respect to
  compensation, terms, conditions, or privileges of
  employment because of protected class status
• It is also unlawful to limit, segregate, or
  classify employees or applicants for employment
  in any way which would tend to deprive an
  individual of employment opportunities because of
  protected class status
• Important point use of protected class rather
  than protected group status

41
Despite the CRA of 1964, Employers Can Still

• Apply different standards of compensation, or
  different terms, conditions, or privileges of
  employment pursuant to a bona fide seniority or
  merit system.
• To give and to act upon the results of any
  professionally developed ability test.
• A MAJOR EXEMPTION FOR EMPLOYERS
• Nothing contained in this title shall be
  interpreted to require any employerto grant
  preferential treatment to any individual or to
  any group because of the race, color, religion,
  sex, or national origin of such individual or
  group.

42
Breaking Down Protected Classes and Groups
Protected Class Race
Protected Class Gender
Group Native Amer.
Group Asian
Group Females
Group Males
Group African
Group European
Group Pacific island
Group Etc., etc.
43
Implications

• Because there are generally no protected groups
  (with one important exception which well review
  later), there is no such thing as reverse
  discrimination
• In other words, your textbook is WRONG on a
  couple of counts
• Case examples
• Ford settled out of course for 10.5 million for
  discriminating against white male employees
• Men file about 14.7 of all harassment claims
• White men can sue, however, they are much less
  likely to be plaintiffs

44
Race, Religion, and National Origin

• Race and national origin
• Still the number one source of claims
• Actions range across many categories
• Glass ceiling effects
• Overt policies in hiring and promotions
• English only rules
• Religious discrimination claims escalated in the
  early 1990s
• Differences in holidays allowed (resultflextime)
• Requirement for violation of religious principles
• Grooming requirements (shaving, haircuts)
• Dress requirements (hijab/headscarf)

45
Recent Legal Landmarks

• Webb v. City of Philadelphia U.S. District Court,
  Eastern Pennsylvania Case No. 05-5238 (June 12,
  2007)
• The Philadelphia Police Department denied a
  Muslim officer's request for permission to wear a
  traditional headpiece, or "khimar," while on
  duty.
• Summarily dismissing Kimberlie Webb's religious
  bias claims, U.S. District Judge Harvey Battle
  accepted the city's "undue hardship" defense.
• The uniform policy "has a compelling public
  purpose.
• Employment cases involving "garb-specific
  religious requests" are cropping up more
  frequently, particularly in the public sector.

46
Age Discrimination in Employment Act of 1967

• Prohibits discrimination against employees over
  the age of 40.
• Does not prohibit discrimination against the
  young
• Eliminates most mandatory retirement
• Rationale
• Older workers make a tempting target for firing
• Top of the pay scale
• Close to pension receipt
• Older workers may have a hard time finding
  long-term employment

47
Age Discrimination in Employment Act of 1967

• Specific reasons congress passed the law
• In the face of rising productivity and affluence,
  older workers find themselves disadvantaged in
  their efforts to retain employment, and
  especially to regain employment when displaced
  from jobs.
• The setting of arbitrary age limits regardless of
  potential for job performance has become a common
  practice.
• Long-term unemployment with resultant
  deterioration of skill, morale, and employer
  acceptability is, relative to the younger ages,
  high among older workers.
• The existenceof arbitrary discrimination in
  employment because of age, burdens commerce and
  the free flow of goods in commerce.
• IMPORTANTLY
• The prohibitions in this chapter shall be limited
  to individuals who are at least 40 years of age.

48
Age Discrimination in Employment Act of 1967

• Economic rationale
• Older workers tend to be at the top of the pay
  scale (implicit contract)
• Older workers could be fired close to pension
  receipt
• Older workers may have a hard time finding
  long-term employment because they are,
  economically, a bad investment (Becker model)

49
Despite the ADEA, Employers Can Still

• Take any action where age is a bona fide
  occupational qualification reasonably necessary
  to the normal operation of the particular
  business.
• Observe the terms of a bona fide seniority
  systemexcept that no such seniority system shall
  require or permit the involuntary retirement.
• Engage in voluntary early retirement incentive
  plan consistent with the relevant purpose or
  purposes of this chapter.
• Discharge or otherwise discipline an individual
  for good cause.

50
Americans with Disabilities Act of 1990

• Historically, the disabled rights act came from a
  number of fronts
• As an outgrowth of the civil rights struggles of
  the 1960s
• As increasing technological interventions made
  routine medical disabilities far less disabling
  than they had been in the past
• As a part of the progressive anti-institutional
  movement in psychiatry
• As part of a series of legal interventions to
  allow disabled individuals to access public spaces

51
Americans with Disabilities Act of 1990

• Some 43,000,000 Americans have one or more
  physical or mental disabilities, and this number
  is increasing as the population as a whole is
  growing older
• Studies have documented that people with
  disabilities, as a group, occupy an inferior
  status in our society, and are severely
  disadvantaged socially, vocationally,
  economically, and educationally
• Individuals with disabilitieshave been faced
  with restrictions and limitations, subjected to a
  history of purposeful unequal treatment, and
  relegated to a position of political
  powerlessness in our society, based on
  characteristics that are beyond the control of
  such individuals and resulting from stereotypic
  assumptions not truly indicative of the
  individual ability of such individuals.
• The continuing existence of unfair and
  unnecessary discrimination and prejudice denies
  people with disabilities the opportunity to
  compete on an equal basisand costs the United
  States billions of dollars in unnecessary
  expenses resulting from dependency and
  non-productivity.

52
Disability Employment Outcomes

• Evidence shows
• Disabled individuals are much less likely to be
  employed
• Among those with jobs, disabled individuals make
  less per hour and work fewer hours
• From DeLeire, J Human Resources, 2000

53
Americans with Disabilities Act of 1990

• What is the ADA?
• Protects people with a disability from being
  discriminated against along 3 lines
• Intentional discrimination for reasons of social
  bias
• Neutral standards with disparate impact on the
  disabled
• Results of barriers to job performance that could
  be overcome with an accommodation
• Precedent
• In 1973 Congress passed the Vocational
  Rehabilitation Act that protected disabled
  workers in federal government jobs

54
Americans with Disabilities Act of 1990

• Physical disabilities
• Mobility/physiological
• Wheelchairs
• Cerebral palsy
• Diabetes
• Sensory
• Blindness/nearsighted
• Hearing impairment
• Appearance
• Physical deformity
• Odor

• Mental disabilities
• Learning disorders
• Dyslexia
• Autism
• Psychiatric diagnoses
• Depression
• Schizophrenia
• Addictions
• Alcoholism
• Drug use

55
What Are the Most Commonly Claimed Disabilities?
56
Americans with Disabilities Act of 1990

• Important minimal standard
• It must be sufficient to be chronic
• It must substantially limit major life
  activities
• The role of medical professions
• A disability is still a disability even if
  medications make it less apparent
• Bipolar individuals on lithium and diabetics with
  insulin are specifically mentioned in Taylor v.
  Phoenixville School Districts (3rd Cir.)
• Often, specific medical diagnoses are invoked

57
Emerging Issues in What Constitutes a Protected
Class

• Sexual orientation
• Extreme controversy
• Cracker Barrels termination policy
• Transsexuals are generally not covered for
  cross-dressing
• Executive branch employment (Clinton executive
  order)
• Major legal issues
• Places discrimination is barred
• Employment non-discrimination act (ENDA)
• Domestic partner benefits
• Proof for Beckers theory?
• Disneys domestic partner policy and the recently
  ended boycott
• American Express and competitive advantage
• 100 Best Companies to work for and HRC HRC quotes

58
State Variation in Legal Coverage for Sexual
Orientation
Dark green-sexual orientation gender identity
covered Pale green-sexual orientation covered
59
Spotlight on Floridas ENDA Regulations

• Current coverage
• Pensacola
• Gainesville
• Orlando
• Tampa/St. Pete
• Sarasota
• Palm Beach
• Broward county
• Miami-Dade county

• Not covered
• Jacksonville
• Tallahassee
• Ft. Meyers

60
Emerging Issues in What Constitutes a Protected
Class

• Weight discrimination
• Discriminatory attitudes found in empirical
  research
• Believed to be lacking self-discipline or lazy
• Studies show they are less preferred in job
  interviews
• Weight is trumped by qualifications
• Weight is more linked to discrimination for sales
  jobs
• Facilities may be difficult to access for the
  obese
• Is this a disability?
• Physical impairments must substantially limit
  major life activities to qualify for the ADA
• The courts have generally had a threshold of 100
  or more overweight to count as a disability

61
Wrap Up

• Where are we?
• Know how HR fits the company
• Where do we want to be today?
• Understand the basics of employment
  discrimination law
• Learn about who and what is covered
• How will we know how were doing?
• Describe two historical arguments for and against
  civil rights laws
• Respondeat superior/vicarious liability
• The difference between protected classes and
  protected groups
• Civil Rights Act of 1964
• What is the Age Discrimination in Employment Act
  and why was it passed?
• What is the Americans with Disabilities Act?