B.law Chapt 23.
How many protected classes are their?
Their are 7-8 protected classes. Some people consider race and color seperate. 1.Race And Color. 2.Gender 3.Pregnancy 4.Age 5.Religon 6. Disability 7.National Orgin
In the past scope of protection occurred, this meant that
They wanted men only and the only wanted people between the ages 16-30 and they didn't want black people.
DIFFERENCES OF PAY ARE ALLOWED WHEN:
1. Merit System 2. Seniority System 3. System basing pay on quantity or quality or production 4. System based on any factor other than gender
When employer denies discrimination, the employee has to insure to include
1. The person was a member of a protected class. 2. That they applied for the job and they were qualified 3. The person was rejected 4. The employer held the job open and sought other persons with similar qualifications.
The Protected class of pregnancy means that
A person can not discriminate against someone who is pregnancy if so the person can file a disparate claim which falls under the pregnancy act making it illegal to not hire someone who is pregnant if they are qualified to the job.
Employers that contract with Fed gov must have
Affirmative Action Plans.
Hostile environment
Arises when unwelcome sexual comments, gestures or contract interfere with an employees ability to work
Bona fide occupational qualification all-
Compels(allows) discrimination against a protect class. So if your in a fashion show and it's only for women then it would compel discrimination against men which would be considered the protected class.
Whats is Tittle VII=Tittle 7 of the civil rights movement of 1964?
Forbids employers, employment agencies in hiring, paying, training, promoting, or discharging employees on the basis of race, color religion, national origin or sex
The protected class of Gender means that
Employers can't discriminate against male or females if so this would be considered sexual harassment.
The protected class of race and color is based on
Everyone that is not white such as African Americans, Flipinos, Hispanics, Native Americans etc..
Age discrimination in employment act in 1967-
Forbids discrimination against workers who are over 40 in any employment practice.
Now we have unjustified discrimination act which means
It is illegal to discriminate against protected classes.
Pregnancy Discrimination Act-
It is illegal to discriminate someone if their pregnant if they have all of the qualifications and certifications for employment.
Disability-
Limits a major life activity whether that be physical or mental. However illegal drugs is not a disability under Americans With Disability Act. (ADA).
Members in a protected are OFTEN but NOT ALWAYS
Minorites.
Quid pro quo-
One thing is exchanged for another
The protected class of national origin means that
People who are protected against discrimination based on their country or or origin. People who don't speak english are who are not born in U.S are protected.
The Protected class of religion means that
People who have certain religious beliefs can not be discriminated against.
Workforce pool-
Person actually in the employers office.
The protected class of disability means that
Physically/mentally disable have afforded limited protection against discrimination.
Employment discrimination is based on treating individuals diffrently based on
Race,Color, Gender, Pregnancy, Age, Religion, Disability and national origin, Ethnicity.
To win a case where discrimination occurred a person must provide direct evidence which is
That he or she was denied employment because of membership in a protected class.
Disparate impact-
The policy eliminates more members of a protected class then a majority
Neutral on its face-
The policy makes no reference to a protected class
If the unjustified discrimination is displayed in pay,promotions, training,overtime,educational,opportunities,travel requirements, shift rotations, firings,layoffs, post-employment letters or recommendations or any other aspect makes it illegal.
This is TRUE!
Applicant pool-
Those qualified for the job without regard to the challenged practice
Affirmative Action Plan-
To remdy, come up with a solution for past discrimination.
Unequal treatment-
When an employee treats members of a protected class less favorably then other employees. This is also known as disparate treatment.
Buisness necessity means
When employers action to advance the Buisness not on unjustified discrimination. The employer was not intentionally trying to discriminate you.
Americans with disabilites act-
You can not discriminate someone because of their disability or if not able to do certain things in the same way as you.
EEOC, What is equal employment opportunity commission.
investigate and settle complaints of job discrimination, it CAN prosecute offenders.
Members in a protected class are not significantly an important factor when
making employment decisions
EPA or 1963, The Equal Pay Act Of 1963-
means that if a person applies the same amount of work and effort within their job or career they are to receive the same amount of pay.
What are statues for?
to stop unjustified discrimination in employment.