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

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

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

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

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.

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

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

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.