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Employment Discrimination
SUNY Buffalo Law School
Avery, Diane

I.       CHAPTER 1: The Problem of Discrimination in Employment – A Brief Overview
·         Equal Pay Act of 1963 – an amendment to the Fair Labor Standards Act (FLSA), which prohibits sex-based wage discrimination
·         Enactment of Title VII was the major turning point in the development of a national policy on discrimination in employment
·         2 concepts of equality: equal treatment & equal opportunity
o        Equal treatment – embraces the notion of “color-blind” or “sex-blind” decision making; similarly qualified individual employees should be treated the same by an employer in the sense that the employee’s race, color, religion, sex, national origin, age, or disability should not be a factor in any employment decision
o        Equal opportunity – it is sometimes appropriate (any may be necessary) for employers to consider the race or sex of employees in order to remedy the past and continuing effects of race or sex discrimination and to assure that the harmful effects of historical discrimination are not perpetuated in the workplace; policies and practices that constitute barriers to the employment opportunities of blacks and women are prohibited
§         SCt found support for this view of equality in § 703(a)(2) of Title VII
A.   Note: The Early “Southern Jurisprudence” of Title VII
·         “Present effects of past discrimination” theory of discrimination:
o        Quarles/Local 189 established a 2 prong test for finding unlawful discrimination: (1) were the challenged employment practices that antedated the effective date of Title VII based on a subjective intent to treat applicants and employees differently b/c of race or sex; and (2) if so, even though the challenged practice is facially neutral, are there present effects – in the post-Act period – of that history of intentional discrimination, such as a workforce that is stratified on the basis of race and sex
II.    CHAPTER 2: Laws Prohibiting Discrimination in Employment – An Overview
A.   Survey of Major Federal Laws on Employment Discrimination
·        Discusses all statutes pertinent to employment discrimination (pages 13-20)
1.                 Note: The 11th Amendment as a Bar to Civil Claims for Damages Against States
·         Seminole Tribe/Alden v Maine – 11th amendment bars civil actions for damages brought by private parties under federal laws unless Congress, in enacting the legislation, has both (1) unequivocally expressed its intent to waive a state’s 11th amendment immunity, and (2) acted pursuant to a valid exercise of power granted to Congress by the Constitution
B.   Enforcement Schemes
·         Πs bringing employment discrimination claims under § 1981 or the Constitution are not required to exhaust administrative remedies before filing suit
·         Employment discrimination claims brought under Title VII, the ADEA, and the ADA are subject to both administrative processes and adjudication in civil court and thus, exhaustion of administrative remedies is a prerequisite to bringing a lawsuit under these statutes
1.                 Administrative Exhaustion
·         Basic REQs for Title VII and ADA claims
o        An individual seeking relief from unlawful employment discrimination under Title VII or the ADA may not file a civil suit until she has first exhausted administrative remedies before the EEOC
o        An individual must satisfy 2 statutory REQs in order to bring a civil action: (1) timely file a charge w/ the EEOC , and (2) timely file a complaint in federal court w/in 90 days of receipt of the right-to-sue notice from the EEOC
o        Timing REQs under Title VII: 2 of them
§         (1) § 706(e)(1): must file a charge w/ the EEOC w/in 180 days after the alleged unlawful employment practice occurred or w/in 300 days after the alleged unlawful employment practice occurred if the aggrieved party has initially instituted proceedings w/ a State or local agency w/ authority to grant or seek relief
§         (2) § 706(f)(1): aggrieved party has 90 days w/in which to file a civil action after receipt of notice-of-right-to-sue from the EEOC
§         Upon satisfying both, a federal or state court has jdxn to hear and decide the case even though the EEOC has not complied w/ or completed all of its statutory obligations under Title VII, such as (1) serving a copy of the charge on the Δ, (2) making a reasonable cause determination, or (3) attempting conciliation
o        § 706(b) – A charge filed w/ the EEOC is sufficient when the EEOC receives from the person making the charge a written statement sufficiently precise to identify the parties and to d

ly filed claim; Holding: B/c Π first filed his charge w/ an appropriate state agency, only those acts that occurred 300 days before 2/27/95 [the day that Π filed his charge] are actionable
(1)              Notes
·         Zipes v Trans World Airlines – filing a timely charge of discrimination w/ the EEOC is not a jurisdictional prerequisite to suit in federal court, but a REQ that, like a S of L, is subject to waiver, estoppel, and equitable tolling
·         Reeb v Economic Opportunity Atlanta – the Title VII filing period does not begin to run until the facts which would support a c/a are apparent or should be apparent to a person w/ a reasonably prudent regard for his rights
·         Kremer v Chemical Construction – a federal court is required to give res judicata effect to a state court judgment when a Π in an employment discrimination case has sought and obtained judicial review in a state court after first exhausting state administrative remedies
o        This does not apply when the state has deprived the Π of a property interest in violation of the DP clause of the 14th
·         Un-reviewed state administrative proceedings are not entitled to full faith and credit by federal courts and thus have no preclusive effect upon subsequent Title VII litigation in federal courts
·         ADEA provides 2 separate ways to avoid the exhaustion of administrative remedies REQ: (1) federal employees may file an administrative complaint pursuant to the rules and regulations that the ADEA authorizes the EEOC to promulgate; (2) an employee or applicant may bring a civil action for legal and equitable relief after filing a charge w/ the EEOC, provided the individual has given the EEOC not less than 30 days notice of an intent to file the civil action and has filed the notice w/in 180 days after the alleged unlawful practice occurred