Pennsylvania Labor & Employment Law: Employment Discrimination

  • ID: 4196539
  • Book
  • Region: United States
  • ALM Media, LLC
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The law surrounding discrimination in employment is constantly changing and evolving, and to present the law in the most useful and easy-to-reference fashion, James Matthews has created a stand-alone treatise on the topic. The author has completely revamped, updated and augmented his coverage of employment discrimination, and the new book contains a comprehensive index, case table, and appendix materials.
 
Pennsylvania Labor & Employment Law: Employment Discrimination provides a thorough and focused examination of the federal, state and local equal opportunity and employment discrimination laws governing Pennsylvania employers and employees. It contains an up-to-date analysis of the most recent decisions of the United States Supreme Court and federal courts within the Third Circuit and includes extensive appendices of statutory and administrative materials for easy reference.
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Table of Contents
 
Chapter 1: Background and Sources of Law
1-1 INTRODUCTION TO EMPLOYMENT-AT-WILL AND ITS EXCEPTIONS
1-2 APPLICABLE FEDERAL, STATE AND LOCAL EMPLOYMENT DISCRIMINATION LAWS
1-3 COVERAGE
1-3:1 Territorial Application of the Statutes
1-3:2 Covered Individuals
1-3:2.1 Individual Independent Contractors
1-3:2.2 Employees of Independent Contractors & “Leased” Employees
1-3:3.2 Owners,Partners and Shareholders
1-3:3 Covered Employers
Chapter 2:Theories of Discrimination and Methods of Proof
2-1 DISPARATE TREATMENT
2-1:1 In General
2-1:2 Direct Proof
2-1:3 Indirect Proof
2-1:3.1 In General
2-1:3.2 The Prima Facie Case
2-1:3.2aMembership in the Protected Class
2-1:3.2b Plaintiff Applied For or Held a Position for Which He or She was Qualified
2-1:3.2c Adverse Employment Action
2-1:3.2d Facts Permitting an Inference of Discrimination
2-1:3.1 In General
2-1:3.3 The Legitimate Non-Discriminatory Reason
2-1:3.4 The Pretext Analysis
2-1:3.5 The “SameActor” Presumption
2-1:4 The BonaFide Occupational Qualification Defense
2-1:5 The BonaFide Seniority System Defense
2-1:6 The PHRA’s“Best Able and Most Competent” Defense
2-2 DISPARATE IMPACT
2-2:1 Origin and Development
2-2:2 Proof of Adverse Impact – The Plaintiff’s Prima Facie Case
2-2:3Job-Relatedness and Business Necessity
2-2:4 Proof of Alternatives with Less Adverse Impact
2-3 MIXED MOTIVE
2-4 FAILURE TO ACCOMMODATE
2-4:1 The Concept of Reasonable Accommodation
2-4:2Accommodation of Religious Practice
2-4:3Accommodation of Disability
2-5 HARASSMENT
2-5:1 In General
2-5:2 Unlawful Motivation
2-5:3 Unwelcome Conduct
2-5:4 Actionable Impact on the Plaintiff
2-5:4.1 Tangible Employment Action
2-5:4.2Constructive Discharge as a Tangible Employment Action
2-5:4.3 Hostile Work Environment
2-5:5 Basis for Employer Liability
2-6 RETALIATION
2-6:1 Types of Protected Activity
2-6:2 Materially Adverse Action
2-6:3 Causation
2-7 “PATTERN AND PRACTICE” CASES
2-8 REVERSE DISCRIMINATION AND AFFIRMATIVE ACTION
2-8:1 In General
2-8:2Non-Affirmative Action Reverse Discrimination
2-8:3 Affirmative Action-Related Reverse Discrimination
Chapter 3:Protected Classes and Characteristics and Issues Specific to them
3-1 RACE AND COLOR
3-1:1 In General
3-1:2 “Race-Plus”Discrimination
3-1:3Associational Race Discrimination
3-1:4 Racial Harassment
3-1:5Pre-employment Advertising and Inquiries
3-2 NATIONAL ORIGIN, CITIZENSHIP AND IMMIGRATION STATUS
3-2:1 In General
3-2:2 Citizenship and Immigration Status Distinguished
3-2:3 Language Issues
3-2:3.1 Fluency Requirements
3-2:3.2 Adverse Action Based Upon Accent
3-2:3.3“English-Only” Rules
3-2:3.4 Other Issues
3-2:4Pre-employment Advertising and Inquiries
3-3 SEX, SEXUAL PREFERENCE AND GENDER IDENTITY
3-3:1 In General
3-3:2 Sex Discrimination Involving Reproduction and Parenting
3-3:2.1 Background and Framework of Proof
3-3:2.2 The PDA after Young: “Second Clause” Reasonable Accommodation Claims and the Relaxed Pretext Analysis
3-3:2.3 Other Pregnancy-Related Issues
3-3:2.3aDiscrimination Because of Past Pregnancy
3-3:2.3bDiscrimination Related to Future Pregnancy
3-3:2.3cDiscrimination Involving Contraception & Infertility
3-3:2.3dDiscrimination Related to Termination of Pregnancy
3-3:2.3e  Other Disparate Treatment
3-3:2.3f Breastfeeding Issues
3-3:3 Sex Discrimination Involving Compensation and Benefits
3-3:3.1 In General
3-3:3.2 The Elements of a Prima Facie EPA Case
3-3:3.2a The Wage Differential
3-3:3.2bSubstantially Equal Work
3-3:3.2c  ubstantially Equal Skill,Effort and Responsibility
3-3:3.2d “Comparable Worth” Distinguished
3-3:3.2e Similar Working Conditions
3-3:3.2f The Statutory Defenses
3-3:3.3 Sex Discrimination in Employee Benefits
3-3:4 “Sex-Plus”Discrimination
3-3:5 Sex as a BFOQ
3-3:5.1 In General
3-3:5.2 The“Essence of the Business” and “Protecting” the Employee
3-3:5.3 The“Essence of the Business” and Customer Preference
3-3:5.4Therapeutic Necessity, Role Modeling and Third-Party Privacy
3-3:6 Sexual Stereotypes, Sexual Preference and Gender Identity
3-3:6.1 Sexual Stereotypes
3-3:6.2 Sexual Preference
3-3:6.3 Gender Identity
3-3:7 Pre-employment Advertising and Inquiries
3-4 RELIGION
3-4:1 Background
3-4:2 Religion Defined
3-4:3 Religious Exemptions and Immunities
3-4:3.1 Religious Corporation and Educational Institution Exemptions
3-4:3.2 The Ministerial Exception
3-4:3.3 Religion as a BFOQ
3-4:4 Disparate Treatment Because of Religion
3-4:5 Religious Harassment
3-4:6 The Duty to Accommodate Religious Belief and Practice
3-4:6.1 In General
3-4:6.2 Disparate Treatment to Avoid Reasonable Accommodation
3-4:6.3 The Scope of the Duty to Accommodate
3-4:6.4 Common Accommodation Issues
3-4:7Pre-employment Advertising and Inquiries
3-5 AGE
3-5:1 In General
3-5:2 Disparate Treatment Claims
3-5:3 Disparate Impact Claims and the Reasonable Factor Other than Age
3-5:4 Mixed-Motive Claims
3-5:5 Age Discrimination in Employee Benefits
3-5:6 Age as a BFOQ
3-5:7 Bona Fide Seniority Systems
3-5:8 Mandatory Retirement for Bona Fide Executives and Policymakers
3-5:9 Settlement and Release of ADEA Claims
3-5:10 Pre-employment Advertising and Inquiries
3-6 DISABILITY
3-6:1 Background and Sources of Law
3-6:2 Covered Employers
3-6:3 Disability and Handicap Defined
3-6:3.1 In General
3-6:3.2 “Physical or Mental Impairment
3-6:3.3 “Major Life Activity”
3-6:3.4 “Substantially Limits”
3-6:3.5 Statutory Exceptions to the Definition of Disability
3-6:4 Protected Individuals
3-6:4.1 Qualified Individual with a Disability
3-6:4.2 Individual“Regarded as” Disabled
3-6:4.3 Individual with a Record of a Disability
3-6:4.4 Associated with a Person with a Disability
3-6:5 Substantive Protections and Methods of Proof
3-6:5.1 In General
3-6:5.2 Medical Examinations and Inquiries
3-6:5.2a In General
3-6:5.2bPre-Employment Examinations and Inquiries
3-6:5.2cPost-Offer “Entrance” Examinations and Inquiries
3-6:5.2dExaminations and Inquiries of Current Employees
3-6:5.2eExaminations in Connection with Employee Health Programs
3-6:5.3 Disparate Treatment
3-6:5.3a In General
3-6:5.3b“Limiting, Segregating or Classifying”
3-6:5.3c Associational Discrimination
3-6:5.4 Disparate Impact
3-6:5.5 Mixed Motive
3-6:5.6 Reasonable Accommodation
3-6:5.6a In General
3-6:5.6b A Request for Accommodation and the Interactive Process
3-6:5.6c Undue Hardship
3-6:5.6d Direct Threat to Health and Safety
3-6:5.6eParticular Accommodations
3-6:5.6e1 Physical Modifications, Equipment and Assistance
3-6:5.6e2 Job Restructuring
3-6:5.6e3Reassignment and Transfers
3-6:5.6e4 Leaves
3-6:5.6e5Exceptions to Facially-Neutral Rules and Policies
3-6:5.7 Harassment
3-6:5.8Retaliation
3-7 GED CERTIFICATE
 
Chapter 4:Enforcement and Remedies
4-1 IN GENERAL
4-2 THE ADMINISTRATIVE CHARGE PROCESS
4-2:1 Background,EEOC Deferral and the Work-sharing Agreement
4-2:2 The Administrative Charge
4-2:2.1 Who May File a Charge?
4-2:2.2 What Constitutes a “Charge”
4-2:2.3 Timeliness
4-2:2.3a In General
4-2:2.3b Accrual of the Claim
4-2:2.3c Waiver, Estoppel and Equitable Tolling
4-2:2.3dContinuing Violations
4-2:2.4 Service of the Charge on the Employer
4-2:2.5 The Answer to a PHRC Complaint and Related Matters
4-2:3 The Investigation and Conciliation Process
4-2:3.1 In General
4-2:3.2 The Basic Investigation
4-2:3.3 The “No Probable Cause” Determination and Preliminary Hearing Option
4-2:3.4 The“Probable Cause” Determination and Possible Results
4-2:3.4a Agency Conciliation
4-2:3.4b PHRC Public Hearing
4-3 PRIVATE CIVIL ACTIONS
4-3:1Administrative Closing and Timely Institution of Litigation
4-3:2 Heightened Federal Pleading Requirements
4-3:3 Jury Trial Rights and Waivers
4-3:4 Class and Collective Actions and Waivers
4-3:5 Agreements to Arbitrate Statutory Claims
4-4 REMEDIES
4-4:1 In General
4-4:2Reinstatement and Other Injunctive Relief
4-4:3 Back Pay,Benefits and Other Make-Whole Compensation
4-4:3.1 In General
4-4:3.2Pre-Judgment Interest
4-4:3.3Compensation for Adverse Tax Consequences
4-4:3.4 Interim Earnings and Other Offsets
4-4:3.5 Failure to Mitigate as an Offset to Back Pay
4-4:3.6After-Acquired Evidence as a Limitation on Back pay
4-4:4 Front Pay
4-4:5 Other Compensatory Damages
4-4:6 Punitive Damages
4-4:7 Liquidated Damages
4-4:8 Statutory Limits on Damages.
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James A Matthews
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