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CHAPTER 9 OVERVIEW
Scope of Protection
Teachers, staff, and students with disabilities are
protected under both acts.
Gender Discrimination
U.S. Supreme Court held that an employers
conduct need not be independently egregious to satisfy requirement for punitive
damages award
Racial Discrimination
No remedial action was attached to the equal
protection clause, unless there was clear evidence that segregation was caused by:
de jure- official and
deliberate laws or policies to promote segregation
Brown vs. Board of
Education
Desegregation of schools
Religious Discrimination
Religion is defined as observances, practices, and beliefs
Estate of Thornton vs. Caldor, Inc.
Accomodate religious practices
Transworld Airlines Inc. v. Hardison
Employer cannot legally require an employee to choose between his or her job and religion.
Age Discrimination
Discrimination
School districts will not be supported by the courts when there is evidence that district
discriminated against employees on the basis of race, color, religion, gender, or national origin.
Once prima facie evidence is presented by the employee affected, school officials must
demonstrate that a compelling educational interest motivated their decisions.
School districts may not discriminate against employees because employees opposed practices
made unlawful under discrimination laws or participated in an investigation regarding
employment discrimination.
School officials may be held liable in adn cases involving discrimination or harassment when it
is determined that they were aware of these actions
No employee may be coerced to retire from employment based on age, not may the employee
be denied rights and privileges afforded other employees based on age, such as promotion and
other benefits
Race discrimination affects all employees, not merely minority employees.
Punitive damages may be awarded in employment discrimination cases if the employer's
conduct is not viewed as egregious.
Differential employment criteria may not be used that have an adverse affect on a special group
of employees, even though the criteria appear to be neutral.
Employment examinations, if used, must bear a rational relationship to performance
requirements for the position sought by the prospective employee.
Racial or statistical quotas are legally indefensible in rendering decisions regarding reduction of
teaching staffs, unless mandated by court orders.