428EEO2 - Lecture

428EEO2 - Lecture - INDIVIDUAL DISCRIMINATION(DISPARATE...

Info iconThis preview shows pages 1–4. Sign up to view the full content.

View Full Document Right Arrow Icon
INDIVIDUAL DISCRIMINATION (DISPARATE TREATMENT) PRINCIPLES Impact on individual claimants, not classwide Individual actions scrutinized Individual qualifications examined Inferable motive may be important General statistics not determinative Employer can justify actions by absence of discriminatory intent and exercise of reasonable business judgment
Background image of page 1

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full DocumentRight Arrow Icon
SYSTEMIC DISCRIMINATION (DISPARATE IMPACT) PRINCIPLES Impact is classwide on all similarly situated employees Business practices, not individual actions Results, not motives General statistical impact to show discrimination Employer can justify impact only through business necessity
Background image of page 2
Equal Employment Opportunity: Establishing a Prima Facie Case (shifts burden of proof to employer) For disparate treatment (4 part test): (1) member of protected group (2) applied for job for which employer was seeking applications (3) despite qualifications, applicant was rejected (4) after rejection, position remained open, and employer still sought applicants with same qualifications (not necessary to
Background image of page 3

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full DocumentRight Arrow Icon
Image of page 4
This is the end of the preview. Sign up to access the rest of the document.

This note was uploaded on 12/04/2009 for the course OBHR 428 taught by Professor Campion during the Spring '09 term at Purdue.

Page1 / 8

428EEO2 - Lecture - INDIVIDUAL DISCRIMINATION(DISPARATE...

This preview shows document pages 1 - 4. Sign up to view the full document.

View Full Document Right Arrow Icon
Ask a homework question - tutors are online