ch34

West's Business Law with Online Research Guide, 9th Edition

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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 basis 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: However, before an employee or applicant may file suit, she must first file a claim with the EEOC and await its disposition of her claim. 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, may the applicant or employee file suit. Ch. 34: Employment Discrimination - No. 1 West’s Business Law (9th ed.)
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TESTS OF DISCRIMINATION 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 prevail on a 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: Discrimination resulting from practices or procedures which, although not facially discriminatory, have the effect of discriminating against members of a protected class. Ch. 34: Employment Discrimination - No. 2 West’s Business Law (9th 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 or national origin with regard to employment conditions or benefits is illegal. Religion:
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ch34 - EMPLOYMENT DISCRIMINATION Equal Employment...

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