新employment discrimination

1、Discrimination in Employment:Understanding the Legalities in employment law2In this session we will: Look at how discrimination spurred （刺激） the legislation in the 1960s and 1970s that created the notion of Equal Opportunity in U.S. Examine several landmark cases and the resulting laws that employer

2、s must abide by. Become familiar with key terms related with discrimination in employment3History of EEO Legislation EEO:Equal Employment Opportunity公公平就业机会平就业机会 Before 1964, there was a history of discrimination in the U.S., primarily against people of color and women. Dr. Martin Luther King, name

3、only just a few, played pivota（关键作用，要害作用）l roles in bringing racial discrimination to the attention of U.S. lawmakers and President John F. Kennedy. 4What is the General Intent Of EEO Law? After President Kennedys assassination, President Johnson signed the Civil Rights Act of 1964 into law. This la

4、w was intended to address（着手处理） societal beliefs that people are different (or not equal) because of physical characteristics. As employers（雇主）, we want to hire, develop, and retain excellent employees. However, we cannot assess a persons performance by looking at their physical appearance. We can g

5、et an idea of potential job performance only by using valid（有效的） tests that assess（评价，评估） the abilities needed for the task.5What Is A “Test”? A “test” is anything that is used to make a decision about an employee or a potential employee For this class, a “test” is anything an employer may use to ma

6、ke a decision about hiring, promotion, discipline(训导，惩戒), termination（解雇）, salary or wages, training participants, etc. All employment decisions (“tests”) are subject to EEO laws and enforced(实施) by the EEOC. EEOC：Equal Employment Opportunity Commission平等就业机会委员会平等就业机会委员会6Common Mistakes in Hiring As

7、king interview questions about: A candidates national origin. Marital status. Perceived or obvious disabilities. Making assumptions about:Job abilities based on gender, race or age. The commitment of a parent (particularly mother) to a job.(作为父母（尤其是母亲）对工作的承诺)7Questions that Illicit Information that

8、Could Be Used in a Discriminatory or Illegal Manner “This job requires a lot of overtime（加班）. Will that conflict with your childcare arrangements?” “Have you ever had attendance or performance problems in your previous position because of your sight, hearing, physical impairment（损伤）?” “We have mostl

9、y men in that position. Do you foresee having trouble with establishing your authority with them because youre a woman?” A video to share with you http:/ Anti-Discrimination Laws Equal Pay Act of 1963 Title VII of Civil Rights Act of 1964 Age Discrimination in Employment Act of 1967 Pregnancy Discri

10、mination Act of 1978 Americans with Disabilities Act of 1990 Revision of the Civil Rights Act (1991) (including references to unlawful harassment 骚扰)9What Does the Law Say About This? Karen Logan comes into her supervisors office, complaining that shes been excluded from the rotation schedule for dr

11、iving the supply truck. Ed, her supervisor, is surprised and says that he figured she wouldnt want to be included. “Why not?” Karen asks. “Well, its a big truck and I thought it might be too much for you to handle. I mean, driving a big truck isnt exactly a job for a woman, is it?” asks Ed.10What Do

12、es the Law Say About This? Helen Thomas is meticulous (一丝不苟) about enforcing her departments attendance policy, and has fired more than one employee for repeated violations of the rules. She recently fired Jeff Lewis, an African-American employee, for excessive absences, and Lewis sued the company f

13、or racial discrimination.11Discrimination Terms Reasonable accommodation 合理克服合理克服 Adverse impact (Also “disparate （不同（不同的，不相干的）的，不相干的）impact”): Unintentional（非故意的，无意识的） effect on protected group. Adverse treatment (Also “disparate treatment（差别性对待）（差别性对待）”): Intentional effect on a member of a protec

14、ted group. Bona fide （真实的，善意的）（真实的，善意的） occupational qualification(BFOQ 美国指美国指实际职业资格): A characteristic that is necessary to successfully perform the job.12Discrimination Terms Bona fide （真实的，善意的）（真实的，善意的） occupational qualification(BFOQ 美国指美国指实际职业资格): A characteristic that is necessary to successfu

15、lly perform the job. bona fide occupational requirements (BFOR) =job necessity in Canadian employment law Amsterdam Treaty：13Discrimination Terms Amsterdam Treaty（阿姆斯特丹条约）The Amsterdam Treaty, officially the Treaty of Amsterdam amending the Treaty of the European Union, the Treaties establishing the

16、 European Communities and certain related acts, was signed on 2 October 1997, and entered into force on 1 May 1999；The Treaty of Amsterdam meant a greater emphasis（重点，加强）on citizenship (公民权) and the rights of individuals, an attempt to achieve more democracy（民主） in the shape of increased powers for

17、the European Parliament（欧洲议会） /wiki/Amsterdam_TreatyDiscrimination Terms Genuine Occupational Qualification（GOQ） 真正的职业资格（英国和澳大利亚真正的职业资格（英国和澳大利亚）=BFOQ In UK employment discrimination law, a Genuine Occupational Qualification (or GOQ) exists when the nature of a particular job ca

18、uses the sex or gender of an applicant to become a reasonable cause for choosing one applicant over another. GOQs are a special case exception to the Employment (Sex Discrimination) Act 2000. 是法律许可雇主基于特定职业的内在需要而主张的正当职业资格，雇主给予歧视待遇完全是职业本身正常运作之缘故。15Discrimination Terms Business necessity: An overriding

19、 business purpose for the discriminatory practice.经营上的必要性指为了企业安全和有效地运作而必须采取的各种做法 Prima facie case: Presenting enough evidence to suggest a discriminatory practice occurred.表面上证据确凿的案件表面上证据确凿的案件 Burden of proof: The party who has to prove that the practice is discriminatory or non-discriminatory.Discr

20、imination Terms reverse discrimination逆向歧视，反向歧逆向歧视，反向歧视视 逆向歧视是指历史上的弱势群体的成员（如少数民族、妇女等）得到相对优惠的待遇，而以历史上的强势群体的成员（如汉族、男性等）的利益为代价。相对于一般的歧视概念，即“弱势团体”的成员因其身份受到不利对待，“逆向”歧视是指“强势群体”的成员因其身份受到不利对待。这种情况比较多发生在如高考加分政策、就业特殊照顾、配额制等方面，因此这个概念通常用于批评积极平权措施也会造成不公平对待。Terms Alternative Dispute Resolution (ADR) 替代性纠纷解决机制替代性纠

21、纷解决机制 Arbitration公断，仲裁公断，仲裁 Mediation 调解，仲裁调解，仲裁Unit 8 Employment law Reading 1 Reading 2 Listening 1 Writing 1 & 2 Language focusUnit 8 Employment law 1 d g f c a b e 2 2 4 1 3 3 1 interpreted or understood to be discriminatory This refers to adjustments which are fitting and appropriate, and n

22、ot excessively costlyUnit 8 Employment law 3 3 This refers to damages awarded for feelings of disappointment, frustration, grief, humiliation, etc. arising out of the manner, and possibly the fact, of dismissal. 4 c d a e bReading 2 Case bonanza=a boom in work： an extremely large amount of cases to

23、work on Be in the pipeline 在酝酿中，在准备中 Give rise to (prep.) 引起。造成Listening 1 Submit a claim （to arbitration）诉诸仲裁 A pre-hearing assessment or overview 庭前的评估或审查 Entry of appearance 出庭通知 Notice of appearance 出庭通知 Dispose of 处理，放弃 Prescribed procedure 规定的程序 Have little prospect of success成功的可能性不大 Confiden

24、tiality 机密,knf,denlt Photocopy 复印件，影印 Written submission 书面辩护意见书Listening 1 Briefcase 公文包 Get sth. watertight 使无懈可击，没漏洞 Write up 详细描写 Grant sb. sth.(尤指正式地或法律上)同意，准予，允许 Merit sth. 值得 Get sth. out of the way 完成某件事，解决某事 Whatsoever=whatever 任何 Good faith 诚信 Sb. doesnt have a legal leg to stand on 没有根据，在法律上站不住脚 At the end of the day=in the end 最终Writing 1比较正式的商务邮件要用到以下的正式用语：I a