Chapter 9 – Discrimination in Employment

Chapter Notes

 Constitutional, federal, and state statutes prohibit discriminatory practices in employment

on the basis of sex, race, age, color, or religion.
 Equal protection clause—Fourteenth Amendment—provides protection against group
discrimination and unfair treatment.
 Presumption test—presumes innocence until proven guilty.
 Vagueness Test—primary test applied to substantive due process. Used when allegations
may involve discrimination with personal or political views.
 Equal protection clause—pivotal in cases regarding employment discrimination.
 Title IX—sex is a bona fide occupational qualification. Northaven BOE v Bell case.
 Grove City College v Bell case.
 Gender discrimination, racial discrimination, religious discrimination, age discrimination,
genetic information discrimination—several cases have occurred in the history of
education.
 Cleveland BOE v LaFleur—maternity termination case
 Districts may not assume that every pregnant teacher is physically unable to perform
teaching duties.
 Oncale v Sundowner Offshore Services case—sexual harassment case
 Quid pro quo—sexual coercion or unwanted physical relations.
 Harassment—unwanted toughing of another’s hair, clothing, or body. Includes
undesirable acts or verbal harassment.