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Class notes 2-8 - Class Notes 2/8 Title VII Civil Rights...

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Class Notes 2/8 Title VII – Civil Rights act – Protects an employee from discrimination by the employer under these protected categories. Title VII is enforced by an administrative agency, EEOC, Equal Employment opportunity commission. - Race - National Origin - Gender - Religion 1. Disparate Treatment – Intentional discrimination by the employer against the employee. It typically occurs in the hiring process. It is relatively easy for the employee to prove Disparate Treatment. Prima Facie – A matter becomes self-evident. One only needs to prove these four following things. - You are part of the Protected Class - Qualified for Employment - Rejected by the employer - Employer continued to seek applicants 2. Disparate Impact Discrimination – Unintentional Discrimination. Prima Facie case entails a hiring practice that appears neutral on its face, but it causes discrimination in one of the protected classes. Example: Requirements to work must be 6” and 195lbs, does not say it is discriminating against women, but there are very few women that can apply for the job so it discriminates. The second element is that the employer does not have a legitimate business goal. Know title VII for exam and know how to distinguish between the two on the exam. 3. Reverse Discrimination – The majority class can also bring a lawsuit for discrimination if the protected classes are being favored over them.
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