BU315 - Ch. 12 Employment Discrimination

Employment Discrimination

Workplace-related discrimination in the hiring process and treatment of employees; encompasses everything from promotions and demotions to work schedules, working conditions, and disciplinary measures.

Equal Employment Opportunity Commission (EEOC)

A five-member federal administrative agency that administers congressional mandates that ensure adequate protection for victims of discrimination; accepts and investigates worker complaints and, in certain cases, will sue on behalf of employees.

Title VII

prohibits discrimination in the workplace on the basis of an employee’s race, color, national origin, gender, religion, or pregancy. The law applies to any private sector employer with 15 or more full-time employees and to unions, employment agencies, state and local governments, and most of the federal government.

Age Discrimination in Employment Act (ADEA) of 1967

A federal statute that prohibits employers from discriminating against employees on the basis of their age once employees have reached age 40.

Americans with Disabilities Act (ADA) of 1990

A federal statute that seeks to eliminate discriminatory employment practices against persons with disabilities; requires that employers with 15 or more employees make reasonable accommodations for an employee with disabilities in the workplace as long as the accommodations do not cause the employer to suffer an undue hardship.

Equal Pay Act of 1963

A federal statute that makes it illegal for employers to pay unequal wages to men and women who perform substantially equal work

Protected classes

The classifications of individuals that are specified in Title VII, including color, race, national origin, religion, gender, and pregnancy.

Disparate treatment

Theory of employment discrimination predicated on overt and intentional discrimination; includes being treated differently because of one’s membership in a protected class

Mixed Motives

Theory of employment discrimination in which the cause of the adverse employment action was motivated by both legitimate and discriminatory motives.

Disparate Impact

Theory of employment discrimination in which employee evaluation techniques that are not themselves discriminatory have a different and adverse impact on members of a protected class.

Burden of Proof

The responsibility of producing sufficient evidence in support of a fact or issue and favorably convincing the fact finder of that fact or issue.

Pretext

A false excuse that is intended to cover up a discriminatory motive or action.

Hostile Work Environment

Theory of liability under Title VII for s-xual harassment that is of such a severe and crude nature or is so pervasive in the workplace that it interferes with the victim’s ability to do the job.

Reasonable Accommodations

Required under the Americans with Disabilities Act, to allow disabled individuals to adequately perform essential job functions.

Disability

A physical or mental impairment that substantially limits a person’s ability to participate in major life activities.

Complaint (discrimination)

A form that an aggrieved employee files against their employer with the EEOC that details how the employee was discriminated against.

Conciliation Negotiations

The required attempts by the EEOC to settle a discrimination case instead of filing a lawsuit.

Business necessity test

A defense used to rebut disparate impact claims when a business can prove that a certain skill, ability, or procedure is absolutely necessary to the operation of the business. Discrimination is permitted even if a protected class is adversely affected.

Bona fide occupational qualification (BFOQ)

A provision in certain federal antidiscrimination statutes that allows discrimination based on religion, gender, or national origin when it can be shown that such discrimination is reasonably necessary to the business operation.

Affirmative Action

An action plan designed to maintain equal employment opportunities and to remedy past employment discrimination of women, persons of color, persons with disabilities, and other underutilized protected classes.