Disparate treatment refers to intentional discrimination, where people in a protected class are deliberately treated differently. This is the most common type of discrimination. An example would be an employer giving a certain test to all of the women who apply for a job but to none of the men .
What is a facially neutral policy?
To protect against an age discrimination claim, your hiring and employment practices should be facially neutral (meaning they do not expressly exclude applicants based on age) and hiring decisions and employment eligibility should be based on reasonable factors other than age.
Which of the following is a neutral requirement that is likely to result in disparate impact?
Which of the following is a neutral requirement that is likely to result in disparate impact? A physical-strength test must be passed .
What is disparate impact quizlet?
Disparate impact refers to unintentional discrimination, the discriminatory effects of apparently neutral employment criteria . ... Title VII prohibits any discrimination in terms or conditions of employment on the bases of race, color, religion, sex or national origin; it became effective on July 2, 1964.
Which of the following requires employers to make reasonable accommodations for disabled employees?
The ADA requires employers to make reasonable accommodations to qualified persons with disabilities unless such accommodations would cause an undue hardship to the employer.
What is considered disparate treatment?
Disparate treatment is intentional employment discrimination . For example, testing a particular skill of only certain minority applicants is disparate treatment.
Can you treat employees differently?
Employers are allowed to treat workers differently based on their individual job performance and can discipline and reward them differently based on that. It is also not unlawful for an employer to treat an employee differently because of personality differences.
What are 3 examples of overt discrimination?
Overt discrimination is the blatant act of mistreating one person or a group of people based on a prohibited basis. A prohibited basis would be race, religion, national origin, gender, marital status, age, or mental capability .
What falls under intermediate scrutiny?
Intermediate scrutiny is a test courts will use to determine a statute’s constitutionality . ... To pass intermediate scrutiny, the challenged law must: further an important government interest. and must do so by means that are substantially related to that interest.
What is the four fifths rule?
Adverse impact and the “four-fifths rule.” A selection rate for any race, sex, or ethnic group which is less than four-fifths ( 4/5) (or eighty percent) of the rate for the group with the highest rate will generally be regarded by the Federal enforcement agencies as evidence of adverse impact , while a greater than four ...
What are disparate impact claims?
Disparate impact lawsuits claim that an employer’s facially neutral practice had a discriminatory effect . ... Disparate impact is a way to prove employment discrimination based on the effect of an employment policy or practice rather than the intent behind it.
When labor practices discriminate against those in the majority it is called?
When labor practices discriminate against those in the majority it is called. reverse discrimination . In addition to the Civil Rights Act of 1964, victims of racial or ethnic discrimination may also have a cause of action under 42 USC Section 1981.
What is disproportionate impact quizlet?
What is disparate impact? Dealing with an employment practice that is rational and neutral on its face ; but the impact of the employment practice is that it methodically and systematically discriminates against a particular group, or class, of individuals. You just studied 3 terms! 1/3.
What are some examples of reasonable accommodations in the workplace?
- Change job tasks.
- Provide reserved parking.
- Improve accessibility in a work area.
- Change the presentation of tests and training materials.
- Provide or adjust a product, equipment, or software.
- Allow a flexible work schedule.
What is considered a hardship for work?
Employment hardship refers to certain situations in the labor force where an individual is either unemployed or employed under undesirable conditions . The unemployed suffering from hardship include those searching for jobs as well as those who have become discouraged and given up searching altogether.
What medical conditions are covered under ADA?
A person with a disability can be a person with a mobility or physical disability, sensory (vision or hearing), intellectual, psychiatric, or other mental disability. People with medical conditions such as HIV/AIDS, epilepsy, rheumatoid arthritis, and cancer may also covered under the ADA.
