Equal Pay Act of 1963

Prohibits differential rates of pay on the basis of sex for those who

"do equal work on jobs, the performance of which requires equal skill, effort and responsibility, and which are performed under similar working conditions, except where such pay is made pursuant to

· seniority

· merit system

· system which measures quantity or quality of production

· differential based on any other factor than sex

Coverage: 6/7 of all jobs

Schultz vs. Wheaton Glass (1970): Jobs only need to be substantially equal

Midwest Manufacturing (1968): Cannot use differential hiring or training costs to justify pay differences

Title VII of the Civil Rights Act of 1964

It is an unlawful employment practice to

"fail or refuse to hire or to discharge any individual or otherwise to discriminate against any individual with respect to his compensation terms, conditions or privileges of employment, because of such individuals

· race

· color

· religion

· sex, or

· national origin,

or to limit, segregate, or classify his employees in any way which would deprive or tend to deprive any individual of employment opportunities….

Coverage: Employers engaged in interstate commerce with over 15 employees, trade unions with over 15 members, government and educational institutions, employment agencies

Griggs vs. Duke Power (1971): does not require intent to discriminate; requires bona fide qualifications

Dias vs. Pan Am: customer preference not a bona fide exception

Douthard vs. Rawlinson Prison (1977): height, weight restrictions cannot eliminate people who could potentially do the job

Franks vs. Bowman: retroactive seniority

G.E. vs. Gilbert (1976): cannot lose seniority because of pregnancy

Rosen vs. Public Service Electric : can't have differential fringe benefits by sex

Sexual Harassment: Hostile environment is employer's responsibility

Affirmative Action: Executive Order (1965, 1968, 1971)

Requires that contractors take

"affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin."

1971: "set numerical goals and timetables … to correct deficiencies."

Coverage: Federal agencies, federal contractors, subcontractors, educational institutions (1/3 of jobs)

Bakke(1977): Quotas in medical school overturned

Weber vs. Kaiser (1981): union training programs favoring minorities upheld

Johnson vs. Transportation Agency (1987): firms may voluntarily establish affirmative action to counter "manifest imbalances in the workforce as long as the rights of other workers are not unnecessarily trammeled."