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Employee Rights

Part 2

QuestionAnswer
Equal Pay Act of 1963 The EPA forbids an employer from paying different salaries to members of the opposite sex "for equal work on jobs the performance of which requires equal skill, effort, and responsibility and which are performed under similar working conditions.
To succeed under the EPA, one must show: 1.) That the jobs are substantially equal. 2.) The employer has no affirmative defense.
Four Affirmative Defenses: There is no EPA violation if the reason for the unequal pay is due to: 1.) A seniority system 2.) A merit system 3.) A system that measures earnings by quality or quantity of production 4.) Any other factor based on something other than sex.
Title IX In addition to athletic opportunities, Title IX of the Education Amendments Act of 1972 provides another viable cause of action for employment discrimination cases in educational institutions.
Equal Employment Opportunity Commission (EEOC) Enforcement Guidelines (1997) The EEOC guidelines examine factors to use to determine whether certain jobs are substantially equal.
Factors used to Determine whether certain jobs are equal (4) 1.) Skill 2.) Effort 3.) Responsibility 4.) Working Condition
Skill Factors of skill include: experience, training, education, and ability.
Effort Guidelines look at the actual requirements of the jobs being compared and will not limit its analysis to coaches of like sports.
Most coaching jobs require equal effort. Regardless os sport, coaches perform these duties: Teaching/training, counseling/advising of student-athletes, general program management, budget management, fundraising
Responsibility of Coaches Guidelines require the EEOC to look closely at the actual duties performed by the coaches to assess whether differences in responsibility justify unequal pay.
Working Conditions of Coaches EEOC guidelines note most coaches work under similar working conditions for purposes of the EPA.
Affirmative Defenses for Coaches Same as EPA
Title VII of the Civil Rights Act of 1964. Federal law prohibiting discrimination in many areas including: education, employment, public facilities & accommodations.
Classes protected under Title VII (5) 1.) Race 2.) Color 3.) Religion 4.) Sex 5.) National Origin
Requirements for employers to be under Title VII law Employers with 15 or more employees working at least 20 weeks whose organizations impact interstate commerce. This excludes U.S. government agencies, native american tribes, and private clubs.
Theories of Liability 1.) individual disparate treatment 2.) systemic disparate treatment 3.) disparate impact 4.) retaliation
Types of Discrimination 1.) intentional discrimination of an individual of a protected class. 2.) intentional discrimination of an entire protected area. 3.) unintentional discrimination
Two ways a plaintiff can prove a prima facie case of discrimination is: 1.) By direct evidence of discrimination motive; or 2.) through a four-element test that allows an inference of discrimination.
4 Element Inference Test plaintiff must show: 1.) They are a member of a protected class. 2.) They were qualified for the position. 3.) Despite their qualifications, they were treated less favorably than a co-worker/applicant. 4.) The circumstances gave rise to inference of discrimination.
Title VII Defenses 1.) Bona Fide Occupational Qualification (BFOQ) 2.) Business Necessity
Bona Fide Occupational Qualification (BFOQ) Its not illegal to discriminate on the basis of religion, gender or national origin, where an employer can show the classification is a BFOQ.
Business Necessity Employer must show that a particular practice is job-related and thus a business necessity despite the discriminatory impact of the practice.
Created by: kil4261
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