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By: Kaitlin Pressley

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Title VII prohibits discrimination against employees, applicants, and unions members on the basis of race, color, national origin, religioin, or gender at any stage of employment.

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Also known as disparate-treatment discrimination
Activity: Watch video
First begin at 1:55 and end at 2:24
Begin at 5:36 and end at 7:30
P.S ( I know the video is a little blurry and hard to watch, but I thought this was a really good example)

https://www.youtube.com/watch?v=wmqtEgydUHY

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4) Was that video an example of Intentional Discrimination? 

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4) Was that video an example of Intentional Discrimination? 

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Yes or no?
Let's look at the facts!

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Also known as disparate-impact discrimination

Case: Meacham v. Knolls Atomic Power Laboratory

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Goesart v Cleary

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The Equal Pay Act of 1963 stated that if a man and woman are doing similar work at the same establishment will be paid the SAME.

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Hollywood's Grey's Anatomy Ellen Pompeo has talked about how she was being paid less than her love interest on the show, Patrick Dempsey.

The actress claims "At one point, I asked for 5,000 more than him just on the principle, because the show is 'Grey's Anatomy' and I am Merideth Grey. They would not give it to me."

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Quid Pro Quo v. Hostile-work environment
Quid Pro Quo is a type of sexual assault in the workplace. It means an exchange or something for something. An example of this could be a man in power exchanging sexual favors with an assistant for a promotion

Hostile-Work Environment is another type of sexual assault. This involves sexually offensive conduct that creates an abusive work environment.
Sexual assault can come from a person in power or a fellow employee.

Activity: Watch this video and try and pin point what type of sexual assault in the workplace Michael is talking about.

One line that sticks out to me is "so I cannot tell my jokes?" These "jokes" are the exact definition of creating a sexually offensive work environment.  As the manager, Michael is supposed to create a safe space, if someone in the office was bothered by his actions that could be terms for a suit.

https://www.youtube.com/watch?v=TWzezWq7FkA

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The Office - Sexual Harassment (Episode Highlight)

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10) A real life example of sexual assault in the workplace 

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10) A real life example of sexual assault in the workplace 

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Bill O'Reilly's conduct is a form of sexual assault in the workplace.

Some of his allegations include: verbal abuse, unwanted advances, and lewd comments.

All examples of the second type of sexual assault, hostile-work environment.

https://www.usatoday.com/story/money/2017/10/25/sexual-harassment-here-some-biggest-cases/791439001/

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The company reportedly knew Bill O'Reilly had recently settled in a harassment case when it gave him a $7 million raise. Video provided by Newsy

© 2020 USA TODAY, a division of Gannett Satellite Information Network, LLC.

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Report: Fox knew about settlement when it renewed 'Reilly' contract

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The company reportedly knew Bill O'Reilly had recently settled in a harassment case when it gave him a $7 million raise. Video provided by Newsy © 2020 USA TODAY, a division of Gannett Satellite Information Network, LLC.

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The textbook states that "Any woman who is affected by pregnancy or childbirth must be treated the same as the other persons not so affected but similar in ability to work (Miller, p. 634)."

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This is not spefically protected by the Title VII, yet a number of states are starting to enact laws protecting employees from this discrimination.

A St. Louis police officer was just awarded monetary relief in a sexual orientation discrimination case. He claimed his police department passed over for various promotions due to his sexuality and because "his behavior and how he does not conform to how a regular man should act." After bringing this issue up to his precinct, the officer was punished and demoted to a job far from home.

A movie that shows the discrimination of certain sexual orientations in the workplace is 'Philadelphia' and it said it best when it said "This is the essence of discrimination formulating your opinions on others not based on individual merits but rather on their membership in a group with assumed characteristics."

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13) Other workplace discrimination types include: 

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13) Other workplace discrimination types include: 

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Disability
Age
Religion
and Race

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14) Defenses to Employment Discrimination 

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14) Defenses to Employment Discrimination 

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Can you hear the crowd chant? Here are some defenses employers can attempt to use against a plaintiff.

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1) Business Necessity
2) Bona Fide Occupational Qualification
3) Seniority Systems
4) After- Acquired Employee Misconduct

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If you have any questions, email me!

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https://www.vox.com/2019/4/4/18295254/netflix-pregnancy-discrimination-lawsuit-tania-palak

https://www.forbes.com/sites/ericbachman/2019/11/19/stunning-20m-jury-verdict-in-sexual-orientation-discrimination-case/?sh=13ec0962b86c

https://www.oyez.org/cases/1940-1955/335us464

https://debbest.com/2020/08/employers-taking-a-stand-against-workplace-racial-discrimination-communicate-compliance-culture-and-cost-avoidance/

https://www.theguardian.com/world/2019/sep/15/hollywoods-gender-pay-gap-revealed-male-stars-earn-1m-more-per-film-than-women

https://www.stetson.edu/law/conferences/highered/archive/media/higher-ed-archives-2010/document/recent-supreme-court-decisions-on-disparate-impact.pdf