1. What is the Concept of Unjustified Discrimination?
Discrimination- different treatment of individuals.
Protected Classes- Persons whose group characteristics may not be considered when making employment decisions

2. What are Types of Unjustified Discrimination?
Race and Color
Gender
Pregnancy
Age
Religion
Disability
National Origin

3. What is the Scope of Protection?
Conditions of Employment
Organizations Subject to These Laws

4. How Can Unequal Treatment Be Proved?
Direct Evidence
Indirect Evidence
Employer’s General Defense: Business Necessity
Defense of Bona Fide Occupational Qualification
Defense of Seniority

5. Terminology
Unequal Treatment- an employer treats members of a protected class less favorably than other employees.
Business Necessity- the employer’s actions were aimed at advancing the business rather than at unjustified discrimination.
Bona Fide Occupational Qualification- a job requirement that compels discrimination against a protected class.
Bona Fide Seniority System- one that rewards employees based on the length of employment rather than merit and is not intended to discriminate.

6. When is Equal Treatment Illegal?
Specific Employment Practices
Statistical Proof of Disparate Impact
Applicant Pool- those qualified for the job without regard to the challenged practice.
Workforce Pool- persons actually in the workforce.
Causation- the linking of the challenged practice and the difference in percentages of protected class persons.
Employer Defenses

7. What Specific Legislation Prohibits Discrimination?
The Civil Rights Act of 1964
Equal Pay Act of 1963
Age Discrimination in Employment Act of 1967
Vocational Rehabilitation Act
Pregnancy Discrimination Act

8. Terminology
Equal Employment Opportunity Commission (EEOC) -agency set up by the Civil Rights Act that has the authority to investigate and conciliate complaints of job discrimination and to prosecute suspected offenders.
Sexual Harassment- unwelcome sexual comments, gestures, or contact in the workplace.
Affirmative Action Plan- a plan mandated by the courts to remedy the past discrimination of an employer.