I. FAIR EMPLOYMENT PRACTICES

    A.  Fair employment practices and the laws that promote them are designed

as equalizing measures to ensure equal employment opportunity for all workers

    B.  Prejudice results in discrimination, an action directed against or in

favor of something or someone.

    C.  Groups that have historically been discriminated against are known as

protected groups.

II. THE CIVIL RIGHTS ACT

    A.  Title VII of the Civil Rights Act prohibits employment discrimination

on the basis of race, color, religion, national origin or sex.

    B.  The courts recognize four major racial groupings.

    C.  Religion refers to all aspects of religious practice, not just beliefs.

    D.  National origin refers to ethnicity.

    E.  The sex basis refers to gender and not sexual orientation.

    F.  Pregnancy is included in the interpretation of the term sex.

    G.  A bona fide occupational qualification (BFOQ) is an exception to the

Civil Rights Act relating to religion, national origin or sex.      

    H.  Disparate treatment-is intentional discrimination.

    I.  Disparate impact results when an employees practices are applied

equally to all employees but result in discrimination against one or more

groups.

    J.  The 1991 amendments to the act provide for punitive damages for

victims of discrimination.

III. AFFIRMATIVE ACTION

    A.  Executive Order 11246 requires that federal contractors formulate

affirmative action plans.

    B.  The purpose of affirmative action plans is to create a workforce that

mirrors the composition of the population in the area from which business is

conducted and to correct underutilization of women and minorities.

IV. SEXUAL HARASSMENT

    A.  Sexual harassment occurs when an employee is subjected to unwelcome

sexual advances or to unwelcome verbal or physical conduct of a sexual nature.

    B.  Quid pro quo sexual harassment occurs when a sexual favor is made an

explicit or implicit condition of employment.

    C.  Hostile environment sexual harassment occurs when the employee is

subjected to working conditions that are offensive, embarrassing, or

intimidating due to their sexual nature and interference with job performance.

    D.  Employers can take proactive steps to prevent sexual harassment by

implementing policies against harassment, which are supported from the top

levels of management and by education employees.

V. AGE DISCRIMINATION IN EMPLOYMENT ACT

    A.  The Age Discrimination in Employment Act prohibits discrimination

against employees aged 40 and over.

    B.  Exemptions to the law include employer actions due to bona fide

seniority plans, good cause, reasonable factors other than age, and bona fide

occupational qualifications.

VI. EQUAL PAY ACT

    A.  The Equal Pay Act of 1963 provides for equal pay for equal work

between the sexes.

    B.  Exceptions to the law focus on differences in pay due to seniority,

merit, quantity, quality, and factors other than gender.

VII. AMERICANS WITH DISABILITIES ACT

    A.  The Americans with Disabilities Act extends protection from

employment discrimination to disabled individuals.

    B.  The term disabled means that a person has a physical or mental

impairment that substantially limits a major life activity; or has a history

of an impairment, or is regarded as having an impairment.

    C.  In addition to prohibiting discrimination based on disability, the

law requires employers to make reasonable accommodation to the disabled in

order for them to perform the job.

VIII. AIDS IN THE WORKPLACE

    A.  Workers afflicted with AIDS come under the protection of the

Americans with Disabilities Act.

    B.  Employers are encouraged to develop policies and education programs

on AIDS in order to be prepared to deal with employees who have the disease

and their workforce.

IX. EMPLOYEE TESTING & PRIVACY ISSUES IN THE WORKPLACE

    A.  Random drug testing is an issue that concerns employers and has

resulted from the widespread abuse of non prescription drugs in our society.

    B.  Because drug testing may constitute an unreasonable search and

seizure under the Fourth Amendment to the Constitution, employers must

exercise caution in requiring drug testing.

    C.  The use of polygraph tests by employers in selection and disciplinary

matters is restricted by the Employee Polygraph Protection Act.

    D.  Some employers have turned to the use of written honesty tests as

substitutes for polygraph exams.