What is the Concept of Unjustified Discrimination Discrimination

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What is the Concept of Unjustified Discrimination? • Discrimination- different treatment of individuals. •

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 Pregnancy Age

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

What is the Scope of Protection? • Conditions of Employment • Organizations Subject to

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

How Can Unequal Treatment Be Proved? • Direct Evidence • Indirect Evidence • Employer’s

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

Terminology Unequal Treatment- an employer treats members of a protected class less favorably than

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.

When is Equal Treatment Illegal? • Specific Employment Practices • Statistical Proof of Disparate

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

What Specific Legislation Prohibits Discrimination? • The Civil Rights Act of 1964 • Equal

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

Terminology Equal Employment Opportunity Commission (EEOC) -agency set up by the Civil Rights Act

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.