What is the Concept of Unjustified Discrimination?

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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. What are Types of Unjustified Discrimination?. Race and Color Gender
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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
  • 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 These Laws
  • 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
  • TerminologyUnequal 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 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 Pay Act of 1963
  • Age Discrimination in Employment Act of 1967
  • Vocational Rehabilitation Act
  • Pregnancy Discrimination Act
  • TerminologyEqual 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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