Employment Discrimination
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| Term | Notes |
|---|---|
| Unequal treatment | 2 types; direct or indirect evidence. Defense; a business necessity; __was needed to enhance the future of the business instead of discriminating against an individual.__Exceptions: - Bona fide Occupational occupation - Bona fide seniority system |
| Disparate impact | Unintentional discriminatory practices. This leads to groups being excluded without directly discriminating against certain groups.Ex. hiring more men than women as construction workers due to physical height or strengthDefense: business necessity, the requirements set in place were needed to enhance the business. |
| Direct vs. indirect evidence | Direct; physical and more straightforward evidence. Ex. Email, job listings.Indirect; making links by comparing to others to gather evidence. Ex. data on the others who might have gotten the same job. |
| “Neutral on its face” | The original purpose is not to be discriminatory but the outcome leads to some discrimination; “Situational discrimination” Ex. Having a high application fee which would impact people with not as much disposable income. |
| Bona fide occupational qualification | If your abilities or qualifications are limited because of a particular uncontrollable factor. Ex. Acting roles that may want a specific ethnicity or sex. |
| Bona fide seniority system | Rewarding/ favoring people who are older or have been working for a longer period. |
| Business necessity defense | In defense of any discrimination that may have taken place by claiming it was a business necessity. |
| Sexual harassment case | A case whose primary focus is unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature in the workplace or learning environment |
| Quid pro quo | Doing something and expecting some reward in return. Ex. Performing a sexual act to get a raise or promotion. |
| Hostile environment | An environment where employers, employees, or supervisors make any unwanted sexual enhancements, sexual comments, and other possible situations of harassment. |
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