disparate-impact discrimination
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Unintentional discrimination
Discrimination that results from certain employer practices or procedures
that, although not discriminatory on their face, have a discriminatory effect
proving: compare pool of applicants to employer's workforce. (if a lot of
hispanic engineers but none in the workplace then that doesn't reflect
workforce)
If rate of hiring of whites and nonwhites is out of balance. If less then 4/5ths
of minority to whites are hired then discriminatory. 4/5ths rule.
What type of sexual harassment involves a manager/supervisor asking an Associate to
comply with their sexual demands and upon refusal taking adverse employment
, action against the Associate?
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tangible employment action
"if you don't do this, I will fire you"
Potential "Section 1981" Claims
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prohibits discrimination on the basis of race or ethnicity in the formation or
enforcement of contracts.
no cap on damages
Lilly Ledbetter Fair Pay Act
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if a plaintiff continues to work for the employer while receiving
discriminatory wages, the time period for filing a complaint is basically
unlimited.
became a law in 2009 allowing workers to file discrimination claims longer
than previously allowed
What are the three defenses to claims of employment discrimination?
Give this one a try later!
Unintentional discrimination
Discrimination that results from certain employer practices or procedures
that, although not discriminatory on their face, have a discriminatory effect
proving: compare pool of applicants to employer's workforce. (if a lot of
hispanic engineers but none in the workplace then that doesn't reflect
workforce)
If rate of hiring of whites and nonwhites is out of balance. If less then 4/5ths
of minority to whites are hired then discriminatory. 4/5ths rule.
What type of sexual harassment involves a manager/supervisor asking an Associate to
comply with their sexual demands and upon refusal taking adverse employment
, action against the Associate?
Give this one a try later!
tangible employment action
"if you don't do this, I will fire you"
Potential "Section 1981" Claims
Give this one a try later!
prohibits discrimination on the basis of race or ethnicity in the formation or
enforcement of contracts.
no cap on damages
Lilly Ledbetter Fair Pay Act
Give this one a try later!
if a plaintiff continues to work for the employer while receiving
discriminatory wages, the time period for filing a complaint is basically
unlimited.
became a law in 2009 allowing workers to file discrimination claims longer
than previously allowed
What are the three defenses to claims of employment discrimination?
