Business Law – Term Paper
November 25, 2012
Gender discrimination is the practice of letting a person’s gender, unfairly become a factor when deciding who receives a job, promotion or other employment. Gender discrimination is very serious and should not be taken lightly for it has severe consequences. In the following you will read how the law defines gender discrimination also some examples cases of gender discrimination. Title VII of the Civil Rights Act of 1964 is legislation that was designed to protect any form of gender discrimination and has contributed to employment laws in this country. Its pivotal point is to prevent workplace discrimination in areas of race, color, religion, or national origin. Gender discrimination ensures coverage for both male and female; however females will normally see the most benefit in for pregnancy and Family and Medical Leave Act (FMLA) services (Bennett-Alexander & Hartman., 2007). Elements are necessary to establish a prima facie case:
The plaintiff must make out a prima facie case of discrimination. When courts use the phrase prima facie case, they refer to evidence which is facially sufficient to make out a case of discrimination. There are usually four elements needed to establish a prima facie case. The four elements vary slightly depending upon the type of discrimination action. For our purposes, let's assume an employee believes that he was wrongfully terminated because of their sex. To establish a prima facie case, the plaintiff must show that: * He/she is a member of the protected class (As a woman, you are a member of a protected class. The premise is that people in protected classes should be treated no differently than someone who is not a member of that class. You are legally “protected” from discrimination based solely upon the fact that you are a woman.); * He/she was qualified for the job and met the employer's legitimate expectations; * He/she was discharged despite his qualifications and performance; and * Following his/her discharge, he/she was replaced by someone with comparable qualifications who was a different sex. If the plaintiff makes out a prima facie case, then the employer has the burden of producing a legitimate, nondiscriminatory reason why the plaintiff was fired. Disparate treatment discrimination vs. disport impact discrimination Disparate treatment is one of the two theories of discrimination under Title VII of the United States Civil Rights Act. Title VII prohibits employers from treating applicants or employees differently because of their membership in a protected class. A disparate treatment violation is made out when an individual of a protected group is shown to have been singled out and treated less favorably than others. The issue is whether the employer's actions were motivated by discriminatory intent. Discriminatory intent can either be shown by direct evidence, or through indirect or circumstantial evidence. Disparate impact contrasts with disparate treatment (Kuerston, 2003). Disparate impact discrimination is the second theory of discrimination under the Title VII of the United States Civil Rights Act. Disparate impact states that employment practices may be considered discriminatory and illegal if they have an inadequate "adverse impact" on members of a minority group. A violation of this theory can be proven by showing that an employment practice or policy has a disproportionately adverse effect on members of the protected class as compared with non-members of the protected class. In contrast, disparate impact is unintentional, whereas a disparate treatment is an intentional decision to treat people differently based on their race or other protected characteristics (Kuerston, 2003). Filing a discrimination claim:
Filing a discrimination claim isn’t always easy to do. Some individuals are scared that they will be retaliated against for reporting sex discrimination....