Law for Business Mr. Bernstein Employment Discrimination, pp January 14, 2015

Law for Business Mr. Bernstein Illegal Employment Discrimination Employers cannot discriminate based on membership in a particular group – employees must be evaluated as individuals Protected groups are identified by the law: Race, color, national origin, gender, age, religion, disability, pregnancy Covers hiring, pay, promotions, training opportunities, travel requirements, layoffs 2

Law for Business Mr. Bernstein Proving Illegal Discrimination Direct Evidence – unusual in today’s business world Indirect Evidence – employer denies membership of a protected group was a factor Typical Defenses – Business Necessity, Seniority 3

Law for Business Mr. Bernstein Proving Illegal Discrimination Disparate Impact – Policies which are neutral on their face can result in skewed outcomes Employee does not need to prove intent Employee can show statistics proving a practice has resulted in exclusion of a protected class Practice cannot have a legitimate business rationale 4

Law for Business Mr. Bernstein Sexual Harassment Quid Pro Quo Hostile Environment 5