What is the Concept of Unjustified Discrimination?

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
• Employers 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 employers 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.