TITLE VII Disparate ImpactDisparate Treatment Katie Boone Disparate
TITLE VII Disparate Impact/Disparate Treatment Katie Boone
Disparate Impact � � Unintentional discrimination Involves employment practices which look neutral but negatively affect protected classes � According to Byars & Rue (2006) � Looks at all employment practices – hiring, promoting, training, termination, raises and benefits � According to Bennett-Alexander & Hartman (2009)
How Do We Know? � � � Disparate impact is not expressly stated in Title VII EEOC uses the 4/5 rule – if the minority performs at less than 80% of what the majority class does, then there is a disparate impact on the minority group Loophole – prove the practice is a legitimate business necessity � According to Bennett-Alexander & Hartman (2009)
Disparate Treatment � � Intentional discrimination Involves employment practices or policies that clearly discriminate Is openly discriminatory or “discriminatory on its face” (Bennett-Alexander & Hartman, 2006) Variance from the normal – the employee can prove they were treated differently
Factors � Employee must prove 4 things: They are part of a protected class 2) Applied & was qualified for an open position 3) Was rejected for said position and the position then remained open 4) Employer keeps looking for qualified applicants – with the same qualifications of the rejected candidate 1) � Can be rebutted by proving a legitimate reason for the choice.
Complaint Procedures � Employees lodge the complaint with the EEOC � Must � � be lodged within 180 days of the event EEOC will notify the company Mediation will be offered if the charge is appropriate If mediation is not an option/unsuccessful, the EEOC will launch an investigation EEOC will determine Reasonable Cause or No Reasonable Cause
Complain Procedures (cont) � � If the EEOC cannot make a determination, there are other steps EEOC will file in the Federal Civil Court for judicial review � Remedies may be ordered here, including back pay to the employee among other things � � Jury trials may be sought In the case of No-Cause rulings, the employee may still file a civil suit
Defense! � � Prove there was a legitimate reason for a potential disparate treatment case BFOQ – Bona Fide Occupational Qualification Business necessity Employee is falsifying information, or presenting untrue information
Prevent Claims � Use equal and fair employment practices � If � you question it, don’t do it Maintain proper paper trails � Applications/resumes � Performance reviews/appraisals � Training documentation � Maintain current appropriate job descriptions � Update job descriptions as they change/alter � Make employees aware of their job description
Prevent Claims (cont) � Treat employees consistently � Treat similar situations the same – don’t treat them differently because you like one employee more than another � � Maintain updated handbooks Utilize an arbitration program � Create an environment where employees want to come to you first � Create a committee to hear potential claims � Often just airing irritations reduces them
Conclusion � � � Disparate treatment and disparate impact are valid concerns The employee only has to go to the EEOC to file a claim There are legitimate reasons for certain situations There are defenses available Best option – be proactive! Prevent reasons for claims
Works cited � Byars, L. L. , & Rue, L. W. (2006). Human resource management. New York: Mc. Graw-Hill. � Bennett-Alexander, D. D. , & Hartman, L. P. (2009). Employment law for business. New York: Mc. Graw-Hill.
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