CH 21 - Employment Discrimination

employment discrimination

unequal treatment of employees or job applicants on the basis of race, color, religion, national origin, gender, sexual orientation, age, or disability; prohibited by federal statutes

protected class

a group of persons protected by specific laws because of the group’s defining characteristics, including race, color, religion, national origin, gender, sexual orientation, age, and disability

disparate treatment discrimination

a form of employment discrimination that results when an employer intentionally discriminates against employees who are members of a protected class

prima facie case

a case in which the plaintiff has produced sufficient evidence of their claim that the case will be decided for the plaintiff unless the defendant produces evidence to rebut it

disparate impact discrimination

discrimination that results from certain employer practices or procedures that, although not discriminatory on their face, have a discriminatory impact

reverse discrimination

discrimination against members of a majority group

reasonable accomodation

an employer must accommodate the religious practices and sincerely held religious beliefs of its employees, unless to do so would cause undue hardship to the employer’s business

constructive discharge

a termination of employment brought about by making the employee’s working conditions so intolerable that the employee reasonably feels compelled to leave

tangible employment action

a significant change in employment status or benefits, such as when an employee is fired, refused a promotion, or reassigned to a lesser position

age discrimination and employment act (ADEA)

prohibits employment discrimination on the basis of age against individuals forty years of age or older

business necessity

a defense to an allegation of employment discrimination in which the employer demonstrates that an employment practice that discriminates against members of a protected class is related to job performance

bona fide occupational qualification (BFOQ)

an identifiable characteristic reasonably necessary to the normal operation of a particular business

seniority system

a system in which those who have worked longest for an employer are first in line for promotions, salary increases, and other benefits, and are last to be laid off if the workforce are reduced