Assignment 2 – Employment Law

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EMPLOYMENT LAW: TITLE VII


ZAB


TITLE VII:

Prohibits policies or practices that are
not intended to be discriminatory, but
which have a disproportionate adverse
effect on minorities


DISPARATE
TREATMENTS, IMPACT & CLAIMS

.What does disparate treatment means?
.Employment discrimination

.What does disparate impact means?
.A way to prove discrimination

.What kind of claims can be brought as a
disparate treatment claim?
.An employer that payless to a women than a men
.Employers that don’t promote minorities


DIFFERENCES

Disparate
treatment
occurs
when

•an employee claims that the
employer treated him/her
differently than other
employees who were in a
similar situation

Disparate
impact
occurs
when

•employment practices (e.g.,
hiring, firing, promotion, pay
or other employment decisions)
have a statistically greater
impact on one group than on
another.


ALLOCATION OF PROOF

Prima facie
case

•Adverse action

Business
necessity

•“Legitimate non-discriminatory reason"

Alternative
practice with
lesser
impact
•Judge says that the plaintiffs need not
“provide the exact floor plan”


HOW DO I PROVE IT?

(1)Member of a protected group
(2)Were qualified for the job
(3)Were negatively affected by your employer's
decision
(4)Were treated less favorably than male
employees.


COMPLAINT PROCEDURE TO THE EEO

.Different process for federal and private sector
.Contact a lawyer
.Contact an EEO Counselor
.Present proof


RELIEF TO THE EMPLOYEE

•Back pay
•Front pay
•Injunctive relief
•Reinstatement


WHAT ZAB NEEDS TO KNOW

1.Race-related statements
2.Comparative treatment evidence
3.Facts
4.Managers race
5.Statistical evidence


SUGGESTIONS

.Review ten company policies and practices to
ensure they...
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