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What is the Concept of Unjustified Discrimination?

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. What are Types of Unjustified Discrimination?. Race and Color Gender

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What is the Concept of Unjustified Discrimination?

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  1. 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

  2. What are Types of Unjustified Discrimination? • Race and Color • Gender • Pregnancy • Age • Religion • Disability • National Origin

  3. What is the Scope of Protection? • Conditions of Employment • Organizations Subject to These Laws

  4. 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

  5. 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.

  6. 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

  7. 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

  8. 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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