Topic 3
Federal/State Civil Rights Acts and Race [Chapters 2-4, 6]
1) Basics of Title VII of the CRA of 1964, CRA of 1991, & FEHA
A) CRA ’64: Establishes EEOC; prohibits employment discrimination based on race, color, religion, national origin, gender; Provides “make-whole” relief
B) CRA '91: Provides for jury trials, compensatory/punitive damages (subject to caps based on size of employer), costs/attorney fees for prevailing party
Retaliation = separate cause of action
Bans quotas and subgroup race norming as permissible tools for AAPs
C) FEHA: Establishes DFEH (California's "706" Agency); Overlaps w/Title VII somewhat--Prohibits employment discrimination based on race, color, religious creed, national origin, ancestry, sex, & physical disability, mental disability, medical condition, marital status, age, or sexual orientation
2) Discrimination Theories (proving/defending discrimination claims)
Disparate Treatment
*McDonnell-Douglas v. Green (S. Ct. '73)
*Wilson v. SW Airlines ("BFOQ" defense--only works in some religion cases)
Adverse Impact
*Griggs v. Duke Power (S. Ct. '71)
*"4/5 Rule" (numerical example in class during next outline)
*Connecticut v. Teal ("Bottom Line" defense—in class)
3) Race Discrimination & Harassment
Disparate Treatment Race Discrimination
*Vaughn v. Edel
"Actual" or "Reverse" discrimination?
*McDonald v. Santa Fe Trail (in class)
*Gentner & Stevenson (news article—in class)
-https://www.chronicle.com/article/2-white-professors-who-charged-cheyney-u-with-reverse-bias-win-2-2-million-30536/
*Horsford v. CSU-Fresno
-https://caselaw.findlaw.com/ca-court-of-appeal/1164743.html
Adverse Impact Race Discrimination
*Bradley v. Domino’s
Color [text at pp. 305]
Post-Civil War Reconstruction Laws [text at p. 130]
42USC§1981 – Equal rights to make and enforce contracts
42USC§1983 – Prohibition of deprivation of civil rights “under color of” law [cf. Rodney King fact situation]