Discrimination – Employment Law

Title VII of the Civil Rights Act Addresses Employment

Prohibits employers w/15 or more from discriminating against protected classes in all aspects of employment Law applies to: (See Exhibit 3.8) Law doesn’t apply to: See Exhibit 3.9)

The Wisconsin Fair Employment Act (WFEA) expands the protected classes and applies to ALL employers

Title VIIFiling a claim

Must first go through the EEOC (180 days) or State Agency (“706 Agency”) (300 days)** **Lilly Ledbetter Fair Pay Act Scenario #1 & Scenario #2 –How did you answer?

Notifies the employer within 10 days that a claim has been made

EEOC reviews to see if mediation is appropriate

No mediation or unsuccessful mediation, EEOC investigates

o Exhibit 3.10

Title VIIFiling a claim – EEOC investigation

EEOC determines reasonable cause or no reasonable cause Reconsideration rights Right to sue after EEOC and reconsideration

Title VIIFiling a claim – Remedies available to

claimant

Back pay for 2 yearsFront pay of what you would have earnedGet your job backRetroactive seniorityInjunctive reliefAttorney FeesCompensatory and Punitive Damages(Subject to certain damage limitations and

caps) Exhibit 3.3; 2.9, 2.10

Basis for a Lawsuit under Title VII

Disparate Treatment …employer intended to discriminate… Prima Facie Case (Page 62-63; Page 525-536; exhibit 2.6; exhibit

12.6) BFOQ (Page 65-67;exhibit 2.7)

Scenario #2 – How did you answer?!

Disparate (Adverse) Impact …the impact…unintentional Prima Facie Case (Page 67;Page 530; exhibit 12.6)

Scenario #3 –How did you answer?!