INTERPRETING EEO LAWS CHAPTER 3 and DISCRIMINATION HANDOUT

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INTERPRETING EEO LAWSCHAPTER 3andDISCRIMINATION
HANDOUT

• Adverse (disparate) Treatment
• Adverse (disparate) Impact

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CIVIL RIGHTS ACT OF 1964PROTECTED CLASSES

• RACE
• SEX
• RELIGION
• NATIONAL ORIGIN
• COLOR

• AGE
• PREGNANCY
• DISABILITY

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TWO (2) TYPES OF DISCRIMINATION

• The courts have defined 2 types of
  discrimination
• Adverse (disparate or unfair) Treatment
• Adverse (disparate or unfair) Impact

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ADVERSE TREATMENT

• Intentional discrimination against a protected
  group
• Usually based on an employers bias or prejudice
• Results in unfair, unequal treatment of members
  of that group
• Example
• women are too emotional for this type of work.
• This type of work is too dangerous for women.

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ADVERSE IMPACT

• Unintentional discrimination against members of a
  protected group
• Business practice or policy that is not
  job-related and presumably neutral, but that has
  unequal consequences for members of a protected
  group.
• The practice has an adverse (unfair and negative)
  impact on a particular protected class

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Adverse Impact Examples

• If the practice cannot be shown to be a job
  necessity
• Height and weight criteria
• Hair color
• Requirement to be clean shaven
• Griggs v. Duke Power case
• Washington V. Davis case

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THE PLAINTIFFS CASE(employee filing
discrimination complaint)

• Employee must show
• Company policy is discriminatory
• Adverse treatment
• Evidence of discriminatory remarks
• Adverse treatment
• McDonnell Douglas test
• Adverse impact
• Four-Fifths rule
• Adverse impact

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Companys Defense(Companys response to an EEO
charge)

• In defending a policy that unfairly impacts a
  protected class, the company defense must be a
  BFOQ defense.
• Bone Fide Occupational Qualification
• Business necessity, job-related, essential to the
  job

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BFOQ DEFENSE

• All or nearly all of the members of the group are
  not capable of performing the job in question
• Authenticity hiring only Japanese in a Japanese
  restaurant
• Propriety hiring only men to work as an attendant
  in a mens restroom
• Safety excluding people over 60 from airline
  pilot job
• See text book page 70 for examples.

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BFOQ Questions

• Do you have to be Catholic to be a priest?
• Do you have to be Catholic to be the choir
  director in a Catholic church?
• Do you have to be Japanese to cook Japanese food?
• Do you have to be white to perform in the Ballet,
  Swan Lake?

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