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Published byKerry Warner Modified over 9 years ago
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What is the Concept of Unjustified Discrimination?
Discrimination- different treatment of individuals. Protected Classes- Persons whose group characteristics may not be considered when making employment decisions
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What are Types of Unjustified Discrimination?
Race and Color Gender Pregnancy Age Religion Disability National Origin
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What is the Scope of Protection?
Conditions of Employment Organizations Subject to These Laws
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How Can Unequal Treatment Be Proved?
Direct Evidence Indirect Evidence Employer’s General Defense: Business Necessity Defense of Bona Fide Occupational Qualification Defense of Seniority
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Terminology Unequal Treatment- an employer treats members of a protected class less favorably than other employees. Business Necessity- the employer’s actions were aimed at advancing the business rather than at unjustified discrimination. Bona Fide Occupational Qualification- a job requirement that compels discrimination against a protected class. Bona Fide Seniority System- one that rewards employees based on the length of employment rather than merit and is not intended to discriminate.
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When is Equal Treatment Illegal?
Specific Employment Practices Statistical Proof of Disparate Impact Applicant Pool- those qualified for the job without regard to the challenged practice. Workforce Pool- persons actually in the workforce. Causation- the linking of the challenged practice and the difference in percentages of protected class persons. Employer Defenses
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What Specific Legislation Prohibits Discrimination?
The Civil Rights Act of 1964 Equal Pay Act of 1963 Age Discrimination in Employment Act of 1967 Vocational Rehabilitation Act Pregnancy Discrimination Act
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Terminology Equal Employment Opportunity Commission (EEOC) -agency set up by the Civil Rights Act that has the authority to investigate and conciliate complaints of job discrimination and to prosecute suspected offenders. Sexual Harassment- unwelcome sexual comments, gestures, or contact in the workplace. Affirmative Action Plan- a plan mandated by the courts to remedy the past discrimination of an employer.
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