10.2190/ABK0-BLQQ-EYKF-50WY ABK0BLQQEYKF50WY 75 UNLAWFUL DISCRIMINATION IN EMPLOYMENT: A CONDITION NOT UNLIKE THE FLU 75 85 20040922 20040922 20040922 20040922 ABK0BLQQEYKF50WY.pdf http://baywood.metapress.com/link.asp?target=contribution&id=ABK0BLQQEYKF50WY 1 KEVIN B. JOHNSON WILLIAM L. SMITH Emporia State University, Kansas This article takes the position that unlawful discrimination in employment is a condition, not unlike the flu. As the term is used in this article, a condition is a continuous risk that cannot be eliminated and that can be effectively dealt with only through constant vigilance and effort. While no one wants to suffer from either the flu or liability for unlawful discrimination, the effects of suffering from either condition can be lessened (or increased) based on how a person has tried to avoid the condition. Implications for practitioners are discussed and a plan of prevention is presented. Title VII, Civil Rights Act of 1964, 42 U.S.C. 2000e. Age Discrimination in Employment Act, 29 U.S.C. 621-634. Americans With Disabilities Act, 42 U.S.C. 12101 et seq. S. Dranoff, W. Dobrich, and L. Lamel, "Employer's Aim to Limit Liability Overlooks Value of Risk Control," Business Insurance, Vol. 35, No. 42, October 15, pp. 12-18, 2001. McDonnell Douglas Corporation v. Green, 411 U.S. 792, 36 L.Ed.2d 668, 93 S.Ct. 1817, 1973. Furnco Construction Corp. v. William Waters, et al., 438 U.S. 567, 57 L.Ed.2d 957, 98 S.Ct. 2943, 1978. R. J. Albert, "Current Legal Issues in Fund Human Resource Management," Employee Benefits Journal, Vol. 24, No. 1, March, pp. 17-24, 1999. J. C. Cook, "Preparing for Statistical Battles Under the Civil Rights Act," HR Focus, Vol. 69, No. 5, May, pp. 12-13, 1992. W. M. Slonaker and A. C. Wendt "No Job is Safe from Discrimination," HRMagazine, Vol. 36, No. 10, October, pp. 69-72, 1991. S. C. Pranschke and B. M. Wright, "HIV and AIDS: Employers Grapple With Difficult Issues," Benefits Quarterly, Vol. 1, No. 3, Third Quarter 1995, pp. 41-48, 1995. S. Caudron, "Angry Employees Bite Back in Court," Personnel Journal, Vol. 75, No. 12, December, pp. 32-37, 1996. M. Tallerico, "Gaining access to the superintendency: Headhunting, gender, and color," Educational Administration Quarterly, Vol. 36, No. 1, February, pp. 18-43, 2000. C. J. Jackson, A. Furnham, and K. Willen, "Employer willingness to comply with the disability discrimination act regarding staff selection in the UK," Journal of Occupational & Organizational Psychology, March, pp. 119-129, 2000. Equal Opportunity Employment Commission, Sexual Harassment Regulations, 29 C.F.R., § 1604, 1993. Meritor Savings Bank v. Vinson, 477 U.S. 57, 1986. Beth Ann Faragher v. City of Boca Raton, 141 L.Ed.2d at 662, 1998. Burlington Industries, Inc. v. Kimberly B. Ellerth, 141 L.Ed.2d 633, 1998.