42 U.S.C. §2000e et seq.!

•  A federal anti-discrimination law that prohibits employment discrimination based on race, color, religion, sex, or national origin.!

All government and private sector

employers employing at least 15

employees!

Unions having at least !

15 members or which operate hiring

halls!

Employment agencies!

•  When an employer refuses to hire, discharges or otherwise discriminates against any individual with respect to his compensation, terms, conditions, or privileges of employment because of his protected status.!

•  When an employer acts to limit, segregate, or classify her employees or applicants for employment in any way which would deprive or tend to deprive any individual of employment opportunities because of his protected status.!

•  Whether the employer was motivated to treat individuals less favorably than others because of their protected status at the time it made the employment decision in question?!

•  What happens when there is evidence that an employer rejects a candidate belonging to a protected class because of discriminatory motives and evidence also exists showing that the employer relied on non-discriminatory considerations?!

•  Section 703(e) states that discrimination is not unlawful “in those certain instances where religion, sex, or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of that particular business or enterprise.” 42 USC section 2000e-2(e).!

•  Where an employer does not intentionally treat employees differently based on their protected class, but its actions still have an adverse effect on employees.!

Start!

An employee selection device is used!

Does it have an adverse impact on a protected group?!

Is there an adverse impact in the overall result of all selection devices used? (The bottom line.)!

Has the test, device, or procedure been found valid? (Does it protect job performance?)!

Can the employee demonstrate the availability of alternative and validated selection devices

and that the employer refused to employ them? !

Yes!

Yes!

Yes!

OK. You can use the procedure despite its disparate impact on a protected group.!

No!

You can use the procedure. There are no Title VII implications.!

Yes!

No!

No!

No!

No!

Federal enforcement agencies are not likely to pursue actions against the employer.

Individuals may still seek recourse.!

The employer’s procedure violates Title VII !

Employer’s refusal to employ these alternatives would demonstrate employer’s

efforts to discriminate.!

Examination of an employer’s procedures!

•  Affirmative action refers to a choice by employers to take steps to ensure employment opportunities for members of groups historically excluded from various job categories.!

•  Title VII prohibits discrimination based on sex. “Sex means a person’s gender -- not his/her sexual orientation. It also includes pregnancy, childbirth, and related medical conditions.!

•  Discrimination on the basis of sex include but are not limited to because of or on the basis of pregnancy, childbirth or related medical conditions; and women affected by pregnancy, childbirth or related medical conditions shall be treated the same for all employment related purposes...as other persons not so affected but similar in their ability or inability to work...Section 701K!

•  ! Opposed any unlawful practice!

Made a charge, testified, assisted, or participated

in an investigation, proceeding, or hearing

under the Act.!

Title VII protects from discrimination workers who !

and!

•  The Equal Employment Opportunity Commission (EEOC) investigates complaints of Title VII violations. It has the authority to file lawsuits in federal court to enforce the statute. Individuals may also file lawsuits in either state or federal court.!

Charge filed - 180 day limitation!

Employer notified of charge - 10 day limitation!

EEOC investigation!

Fact-finding conscience!

EEOC determination!

No cause - charge dismissed!

Individual lawsuit!

Reasonable cause!

Conciliation efforts unsuccessful!

Private Employer! Public Employer!

Suit dismissed by EEOC/individual suit - 90 day

limitation!

Suit by attorney general/individual suit - 90 day

limitation!

Federal District Court!

Appellate Court!

Supreme Court!

EEOC processing of

charges of discrimination!in non-deferral

states!

Reinstatement and promotion!

Wages and !job-connected losses!Money Damages!

Injunctive Relief!Attorney’s Fees!

Remedies!

•  !

Preemption!

Supplementation!Extension!

•  California Fair Employment and Housing Act applies to!

Private employers with 5 or

more employees!

State and local

governments!

Employment agencies!

Labor organizations!

State licensing boards!

Inquiry to DFEH!

Complaint files, registered and served (where there is concurrent jurisdiction with the EEOC, the complaint is

dual filed and referred. The complaint will be investigated by DFEH!

  Pre-determination resolution explored  !

Investigation!

  If investigation shows a provable violation, resolution attempted!

After interview, complainant decides not to pursue!

No!

  Non-jurisdictional cases and those not supporting further inquiry are closed!

If resolved, case is closed!

  If no provable violation, case closed!

Fair Employment and Housing Act Employment Complaint

Flow Chart!Intake Interview!

  Formal conciliation if resolution effort unsuccessful!

  Accusation issued and Administrative Hearing or Lawsuit. If emotional distress damages or administrative fines are sought in a DFEH accusation, the Respondent

may elect to have the case litigated in civil court.!

If settled, case closed!

  If conciliation successful, case closed!

    Either party can elect to have the Department litigate in court in lieu of an

administrative hearing!

•  Department of Fair Employment and Housing!

•  Sacramento District Office!

•  Sacramento, CA!

•  916-445-5523!

•  800-884-1684!

•  www.dfeh.ca.gov!