Sex Discrimination at Work在工作中的性别歧视.ppt

Sex Discrimination at Work
Sex discrimination at work covered under
Equal Pay Act 1963 (amended FLSA 1938)
Executive Order 11375
Title VII of Civil Rights Act 1964, as amended by Pregnancy Discrimination Act, 1978 and Civil Rights Act, 1991
Lilly Ledbetter Fair Pay Act of 2009
Lilly Ledbetter Fair Pay Act of 2009
The Lilly Ledbetter Fair Pay Act of 2009 is an Act of Congress enacted by the 111th United States Congress and signed into law by President Barack Obama on January 29, 2009.
The bill amends the Civil Rights Act of 1964 stating that the 180-day statute of limitations for filing an equal-pay lawsuit regarding pay discrimination resets with each new discriminatory paycheck.
The law was a direct answer to the Ledbetter v. Goodyear Tire & Rubber Co., 550 . 618 (2007), a . Supreme Court decision holding that the statute of limitations for presenting an equal-pay lawsuit begins at the date the pay was agreed upon, not at the date of the most recent paycheck, as a lower court had ruled
Sex Discrimination at Work
Early cases
Diaz v Pan Am 1971 - gender was not a legitimate “BFOQ” bona fide occupational qualification for work of flight attendant
Dothard v Rawlinson 1977 - gender was a BFOQ in prison setting - not hiring women for guards in all male prison was reasonable
Sex Discrimination at Work as Sexual Harassment
EEOC defines sexual harassment as …
e sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when
(1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment;
(2) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or
(3) such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment.
Sexual Harassment
Early Case
Barnes v Costl