Equal Opportunity in Employment

1
Equal Opportunity in Employment
2
The Employment Agreement

• Employment at Will Contracts
• employees can quit at any time and employers can
  fire you at any time

3
Exceptions to Employment at Will

• Contracts
• collective bargaining agreements
• implied contracts/covenants
• Torts
• wrongful discharge
• intentional infliction of emotional distress
• Public Policy

4
The Broad Public Policy Exception

• Restrictive Covenants/ Noncompete clauses
• Testing (genetics,drugs, polygraph)
• Worker Safety (OSHA, WC)
• Minimum Wage and other Benefits Laws (ERISA,
  COBRA, HIPAA, WARN)
• Whistle-blower statutes
• FMLA
• Anti-Discrimination Legislation

5
Anti-Discrimination Legislation

• Title VII
• ADEA
• ADA

6
Title VII

• Part of the Civil Rights Act
• Prohibits employers from making decisions on the
  basis of
• race
• color
• religion
• national origin
• sex (gender)

7
Legal Theories under Title VII

• Disparate Treatment - Intentional
• Disparate Impact - Unintentional discrimination/
  statistical imbalance

8
Defenses to a Title VII claim

• BFOQ
• Seniority Systems
• Good cause

9
Legal Theories under Title VII-Sexual Harassment

• Presence of Tangible Adverse Employment Action -
  strict liability
• Absence of Tangible Adverse Employment Action -
  affirmative defense
• employer exercised reasonable care to prevent and
  correct sexually harassing behavior
• employee unreasonably failed to take advantage of
  any preventive or corrective opportunities
  provided by the employer

10
ADEA

• Prohibits discrimination against anyone 40 or
  older
• Same defenses as in Title VII

11
ADA

• Prohibits discrimination against a qualified
  individual with a disability
• what is a disability?
• Impairment that limits major life activity
• a record of impairment
• being regarded as having an impairment
• Employers must reasonably accommodate so long
  as there is no undue hardship

12
Availability of Insurance

• Employment Practices Liability Insurance (EPLI)
  is available, but it may not cover when you need
  it most