ECE _DSST _ Human Resource MGMT

Harris v forklift systems inc established that work

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Harris v. Forklift Systems, Inc. established that work environment sexual harassment is proven according to a "reasonableness" standard. Harassment does not need to be severe enough to cause psychological injury, just reasonably perceivable as hostile or abusive. Any action that may not be intended to be discriminatory, but has a discriminatory result is called the disparate effect. Hiring “walk-ins” rather than selecting from a pool of qualified applicants, promoting an employee without considering other qualified applicants in the organization, or hiring relatives, friends, and employee recommended applicants without considering others as well are forms of the disparate effect. Title VII of the Civil Rights Act does not only ban practices of overt discrimination. Under the Disparate treatment scenario, the plaintiff's argument is that the employer treats some people less favorably than others because of their race, color, religion, sex, or national origin. The Disparate Treatment scenario is where an individual claims discrimination occurred, although discriminatory motives are not immediately obvious. The plaintiff must prove that there was discriminatory intent. Disparate treatment is one of the scenarios for non-overt discrimination. Under the Adverse Impact, also called Disparate Impact, scenario, the plaintiff argues that an employer's practice which seems neutral is actually harmful to a group covered under Title VII. The Adverse Impact, or Disparate Impact, scenario is where a plaintiff argues that an employer's practice--i.e. tests, weight requirements, etc.--has an unequal negative impact on one of the groups covered by Title VII. Unlike the Disparate Treatment scenario, the plaintiff does not have to prove that there were discriminatory motives, merely that the effect is discriminatory. In addition to Disparate Treatment and Adverse Impact scenarios in discrimination suits, discrimination may also be inferred through a pervasive pattern or practice of discrimination. A pervasive pattern or practice of discrimination can be inferred through statistics. An examples is if a certain group covered under Title VII makes up a majority of the local labor market, but only a small percentage of the defendant employer's workforce consists of that group. However, the employer may provide evidence showing that this is not a result of discrimination. In 1978 the EEOC issued the Uniform Guidelines on Employment Selection Procedures which provided the four-fifths rule as evidence of disparate impact. The EEOC devised a test called the four-fifths rule (also known as the 80 percent rule) to determine whether or not an employment examination is discriminatory. Under this rule, a selection rate for protected classes that is less than four-fifths, or 80 percent, of the rate for the group with the highest rate will generally be regarded as evidence of disparate impact.
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