Chapter 4 Notes

Chapter 4 Notes - Chapter 4 Notes Legal Framework of Equal...

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Chapter 4 Notes Legal Framework of Equal Employment Nature of Equal Employment Opportunity: Equal Employment Opportunity (EEO) – the concept that all individuals should have equal treatment in all employment-related actions. Discrimination – “recognizing differences among items or people.” Protected Class – individuals within a group identified for protection under equal employment laws and regulation. Race, ethnic origin, color Sex/gender Age Disability Military experience Religion Marital status Sexual orientation Disparate Treatment – protected class members are unfairly treated differently from others in employment decisions. The outcome of the employer’s actions, not the intent, is considered by the regulatory agencies or courts when deciding whether or not illegal discrimination has occurred. Occurs in employment-related situations when either: 1. Different standards are used to judge different individuals 2. Or the same standard is used, but it is not related to the individuals’ jobs. Disparate Impact – protected class members are underrepresented in a workforce. Occurs when substantial underrepresentation of protected-class members results from employment decisions that work to their advantage. Griggs versus Duke Power (1971) decision: 1. Lack of intent to discriminate is no employer defense if discrimination occurs. 2. The employer has the burden of proof in proving that an employment requirement is a job-related “business necessity.” Equal Employment Opportunity Concepts: 1. Business necessity and job relatedness 2. Bona fide occupation qualifications (BFOQs) 3. Burden of proof 4. Non-retaliatory practices Burden of Proof: McDonnel-Douglas versus Green:
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Once a court rules that a prima facie case has been made, the burden of proof shifts to the employer. The court ruled that a prima facie (preliminary) case of employment discrimination exists by showing: 1. The person is a member of a protected group 2. The applied for and was qualified for a job but was rejected 3. The employer continued to seek other applicants after the rejection occurred. Progressing Toward Equal Employment Opportunity: Equal employment – employment that is not affected by illegal discrimination. Blind to differences – differences among people should be ignored and everyone should be treated equally. Affirmative action
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Chapter 4 Notes - Chapter 4 Notes Legal Framework of Equal...

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