DAA(LEGAL) - EMPLOYMENT OBJECTIVES: EQUAL EMPLOYMENT OPPORTUNITY

Note: For complaints of discrimination, harassment, and retaliation targeting employees on the basis of a protected characteristic, see DIAA(LEGAL) and DIAB(LEGAL).

Title VII—Discrimination on the Basis of Sex, Race, Color, Religion, or National Origin

Generally

Disparate Treatment

Disparate Impact

Training

Job Qualification

Employment Postings

Additional Considerations

Sex Discrimination

Gender Stereotypes
Pregnancy
Equal Pay

Religious Discrimination

Note: See State Law, below, for state prohibitions on discrimination based on race, color, religion, sex, or national origin.

Title VII—Harassment of Employees on the Basis of Sex, Race, Color, Religion, and National Origin

Hostile Environment

  1. Has the purpose or effect of creating an intimidating, hostile, or offensive working environment;
  2. Has the purpose or effect of unreasonably interfering with an individual's work performance; or
  3. Otherwise adversely affects an individual's employment opportunities.

Quid Pro Quo

  1. Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment; or
  2. Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual.

Same-Sex Sexual Harassment

Sexual Harassment Policy

Corrective Action

  1. That the employer exercised reasonable care to prevent and promptly correct any harassing behavior; and
  2. That the employee unreasonably failed to take advantage of any preventive or corrective opportunities provided by the employer or to avoid harm otherwise.

Burlington Industries, Inc. v. Ellerth, 524 U.S. 742 (1998); Faragher v. City of Boca Raton, 524 U.S. 775 (1998)

Note: For related information regarding Title IX and the Clery Act see FA(LEGAL).

ADEA—Age Discrimination

  1. To fail or refuse to hire or to discharge any individual or otherwise discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment because of such individual's age;
  2. To limit, segregate, or classify his employees in any way that would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his status as an employee because of such individual's age; or
  3. To reduce the wage rate of any employee in order to comply with 29 U.S.C. Chapter 14.
  1. To take any action otherwise prohibited under 29 U.S.C. 623(a) where age is a bona fide occupational qualification reasonably necessary to the normal operation of the particular business, or where the differentiation is based on reasonable factors other than age, or where such practices involve an employee in a workplace in a foreign country, and compliance with such subsections would cause such employer, or a corporation controlled by such employer, to violate the laws of the country in which such workplace is located;
  2. To take any action otherwise prohibited under 29 U.S.C. 623(a):
    1. To observe the terms of a bona fide seniority system that is not intended to evade the purposes of 29 U.S.C. Chapter 14, except that no such seniority system shall require or permit the involuntary retirement of any individual specified by 29 U.S.C. 631(a) because of the age of such individual; or
    2. To observe the terms of a bona fide employee benefit plan in compliance with 29 U.S.C. 623. No such employee benefit plan shall excuse the failure to hire any individual, and no such employee benefit plan shall require or permit the involuntary retirement of any individual specified by 29 U.S.C. 631(a) because of the age of such individual.
  3. To discharge or otherwise discipline an individual for good cause.

Note: See State Law, below, for state prohibitions on discrimination based on age.

ADA and Section 504?—Disability Discrimination

Discrimination Based on Lack of Disability

Definition of Disability

  1. A physical or mental impairment that substantially limits one or more major life activities of an individual;
  2. A record of having such an impairment; or
  3. Being regarded as having such an impairment.

Regarded as Having Such an Impairment

Transitory and Minor

Mitigating Measures

Other Definitions

Major Life Activities

  1. Caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, sitting, reaching, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, interacting with others, and working; and
  2. The operation of a major bodily function, including functions of the immune system, special sense organs and skin, normal cell growth, and digestive, genitourinary, bowel, bladder, neurological, brain, respiratory, circulatory, cardiovascular, endocrine, hemic, lymphatic, musculoskeletal, and reproductive functions. The operation of a major bodily function includes the operation of an individual organ within the body system.

Physical or Mental Impairment

  1. Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more body systems, such as neurological, musculoskeletal, special sense organs, respiratory (including speech organs), cardiovascular, reproductive, digestive, genitourinary, immune, circulatory, hemic, lymphatic, skin, and endocrine; or
  2. Any mental or psychological disorder, such as an intellectual disability (formerly termed "mental retardation"), organic brain syndrome, emotional or mental illness, and specific learning disabilities.

Qualified Individual

  1. Satisfies the requisite skill, experience, education, and other job-related requirements of the employment position such individual holds or desires; and
  2. With or without reasonable accommodation, can perform the essential functions of such position. Consideration shall be given to the employer's judgment as to what functions of a job are essential, and if an employer has prepared a written job description before advertising or interviewing applicants for the job, this description shall be considered evidence of the essential functions of the job.

Reasonable Accommodation

  1. Making existing facilities used by employees readily accessible to and usable by individuals with disabilities; and
  2. Job restructuring, part-time or modified work schedules, reassignment to a vacant position, acquisition or modification of equipment or devices, appropriate adjustment or modification of examinations, training materials or policies, the provision of qualified readers or interpreters, and other similar accommodations for individuals with disabilities.

Undue Hardship

Discrimination Based on Relationship

Illegal Drugs and Alcohol

Drug Testing

Alcohol Use

Qualification Standards

Direct Threat to Health or Safety

Vision Standards and Tests

Communicable Diseases

Service Animals

Note: See State Law, below, for state prohibitions on discrimination based on disability.

Military Service

Retaliation

Note: See State Law, below, for state prohibitions on retaliation.

State Law

Unlawful Employment Practice

Disparate Impact

Exception

Job Training Programs

Selection Criterion

Bona Fide Occupational Qualification

  1. An employer hiring and employing an employee;
  2. An employment agency classifying or referring an individual for employment; or
  3. An employer controlling an apprenticeship, on-the-job training, or other training or retraining program admitting or employing an individual in its program.

Job Advertisement

  1. Indicates a preference, limitation, specification, or discrimination based on race, color, disability, religion, sex, national origin, or age; and
  2. Concerns an employee's status, employment, or admission to or membership or participation in a labor union or training or retraining program.

Bona Fide Employee Benefit Plan

Exception

Additional Considerations

Pregnancy Discrimination

Religious Discrimination

Association with a Religious Organization

  1. Withhold, reduce, exclude, terminate, or otherwise deny any grant, contract, subcontract, cooperative agreement, loan, scholarship, license, registration, accreditation, employment, or other similar status from or to a person;
  2. Withhold, reduce, exclude, terminate, or otherwise deny any benefit provided under a benefit program from or to a person;
  3. Alter in any way the tax treatment of, cause any tax, penalty, or payment assessment against, or deny, delay, or revoke a tax exemption of a person;
  4. Disallow a tax deduction for any charitable contribution made to or by a person;
  5. Deny admission to, equal treatment in, or eligibility for a degree from an educational program or institution to a person; or
  6. Withhold, reduce, exclude, terminate, or otherwise deny access to a property, educational institution, speech forum, or charitable fundraising campaign from or to a person.

Age Discrimination

Discrimination Based on Lack of Disability

Reasonable Accommodation

Official Oppression

Sexual Harassment of Unpaid Interns

  1. Know or should have known that the conduct constituting sexual harassment was occurring; and
  2. Fail to take immediate and appropriate corrective action.
  1. The individual's internship, even though it includes engagement in the employer's operations or the performance of productive work for the employer, is similar to training that would be given in an educational environment;
  2. The individual's internship experience is for the individual's benefit;
  3. The individual does not displace the employer's regular employees but works under close supervision of the employer's existing staff;
  4. The employer does not derive any immediate advantage from the individual's internship activities and on occasion the employer's operations may be impeded by those activities;
  5. The individual is not entitled to a job at the conclusion of the internship; and
  6. The individual is not entitled to wages for the time spent in the internship.
  1. Submission to the advance, request, or conduct is made a term or condition of an individual's internship, either explicitly or implicitly;
  2. Submission to or rejection of the advance, request, or conduct by an individual is used as the basis for a decision affecting the individual's internship;
  3. The advance, request, or conduct has the purpose or effect of unreasonably interfering with an individual's work performance at the individual's internship; or
  4. The advance, request, or conduct has the purpose or effect of creating an intimidating, hostile, or offensive working environment.

Retaliation

Notices

Title VII

ADEA

Section 504 Notice

  1. Posting of notices;
  2. Publication in newspapers and magazines;
  3. Placement of notices in recipients' publications; and
  4. Distribution of memoranda or other written communications.

Hill College

DAA(LEGAL)-LJC

UPDATE 37

DATE ISSUED: 12/13/2019