BusLaw11.034 - EMPLOYMENT DISCRIMINATION Equal Employment...

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EMPLOYMENT DISCRIMINATION Equal Employment Opportunity Commission (EEOC): The federal agency charged with enforcing Title VII of the Civil Rights Act of 1964 and other federal statutes and regulations prohibiting employment discrimination . Employment Discrimination: Treating employees or job applicants unequally on the basis of race, color, national origin, religion, gender, age, disability, or other characteristic prohibited by federal law. Title VII may also be enforced by private civil actions brought by employees and applicants who believe that an employer has discriminated against them. Exhaustion of Administrative Remedies: Before an employee or applicant may file suit, she must first file a claim with the EEOC and await its disposition of her claim. The applicant or employee may file suit only if the EEOC investigates the claim and decides not to file suit on the employee’s behalf, or elects not to investigate the claim. Ch. 34: Employment Discrimination - No. 1 Clarkson et al.’s Business Law (11th ed.)
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DISCRIMINATION TESTS Disparate Treatment: Intentional discrimination by an employer against employees or applicants who are members of a protected class ( e.g. , Hispanics, females, disabled persons). To state a prima facie disparate treatment claim, a plaintiff must prove that: (1) she is a member of a protected class; (2) she applied and was qualified for, or was employed in, the position in question; (3) she was rejected, demoted, or terminated by the employer; and (4) the employer subsequently filled the position with a person not in a protected class. Disparate Impact: Practices or procedures which, although not intentionally discriminatory, have the effect of discriminating against members of a protected class. “Four-Fifths Rule”: The EEOC deems a challenged practice or procedure to be discriminatory if it results in members of a protected class being hired, retained, Ch. 34: Employment Discrimination - No. 2 Clarkson et al.’s Business Law (11th ed.)
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or promoted at a rate less than four-fifths of the rate for the group with the highest corresponding rate. Ch. 34: Employment Discrimination - No. 3 Clarkson et al.’s Business Law (11th ed.)
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RACE, COLOR, NATIONAL ORIGIN, AND RELIGION Race: Discriminating on the basis of race with regard to hiring or promoting employees, employment conditions , or benefits is illegal. Color or National Origin Discriminating on the basis of color or national origin with regard to hiring or promoting employees is illegal unless the discriminatory policies or procedures have a substantial, demonstrable relationship to realistic qualifications for the job in question. Discriminating against employees on the basis of color
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BusLaw11.034 - EMPLOYMENT DISCRIMINATION Equal Employment...

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