The first half was rendered in the supreme court decision Los Angeles Department of Water and Power v. Manhart , which stated that requiring larger contributions by females than males into pension programs is discriminatory. National Labor Relations Board v. Employees are protected by the National Labor Relations Act when helping organize employees. If an amployee claims to be fired for trying to organize a union but the employer claims the dismissal was for poor performance, the employer has the burden of proof. Employers are responsible for the acts of coworkers only if they knew or should have known of the acts and took no action.
Employers have strict liability for sexual harassment by supervisors.
Full back pay was requires for plaintiff who had been terminated. A sexual harassment argument may be made on the basis of creating a hostile working environment. A company may be found to have made sexual harassing environment a condition of employment if the harassment went on for a long time with the organization doing nothing. Sexual harassment is a form of sexual discrimination prohibited by Title VII of the Civil Rights Act and employers may be liable for condoning a hostile work environment. Although viewed as being disabled by virtue of being infected with AIDS, a teacher was otherwise able to perform his job within the meaning of the Rehabilitation Act of 1973 and, therefore, should be allowed to teach.