Chapter 24. By Grayson Wildsmith, Bryce Miller Deahna King, and Xavien Francis. When is Discrimination Illegal?. Discrimination: The unorthodox treatment of employees is recognized as illegal when they are treated in certain situations; Hiring/Firing Promoting/Demoting
By Grayson Wildsmith, Bryce Miller
Deahna King, and Xavien Francis
when they are performed based on Race,
Color, Gender, Age, Pregnancy, Religion,
Disability, or Nationality
Clare has been working at Rich Manufacturing for three years. Lisa has been working at the company for two months. They both operate computerized machine-tooling equipment. The machines perform many operations, such as drilling, cutting threads, turning, deburring, and surfacing metal objects. Lisa is faster and more efficient than Clare. When a promotion came up it was given to Lisa. Clare protested, saying that she was being discriminated against. She was angry because Lisa would now be earning 30% more money than she would.
-Is Clare Correct? Is she a victim of unjustified discrimination?
-Clare is being discriminated against but the basis is legal and desirable.
-Because Lisa is a more efficient employee then Clare she deserves to receive more and greater rewards than Clare.
Business necessity defense---
-Is the most common defense (business necessity defense)
Which means that employee did not have necessary skills or work history needed for hiring.
-The general defense proves that the qualification standard in question cannot accomplished by reasonable accommodations made for the benefit of the employee.
Deahna STOP DOING MY SLIDES
Is a job requirement that compels discrimination against a protected class.
If an employer hired actors to play parts in a stage show some of the parts would be for men and so the employer could only hire men.
To establish a case based on disparate impact, an employee much first establish that fewer members of the protected class qualified for the job when the challenged employment practice is used than when it is not.
This involves 2 examining groups
- Applicant pool (Those qualified for the job when the challenged qualification practice is not considered)
- Workforce pool (Persons actually in the employer’s workforce)
Quid pro quo- Means one thing is exchanged for another. The most vivid illustration of this form of sexual harassment is when is when a boss threatens to fire a subordinate.
Hostile Environment- Arises when unwelcome sexual comments, gestures, or contacts interfere with an employee’s ability to work.