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 are relevant and fair for all employees .Ensure that hiring, promotion, pay, termination and other employment processes/systems rely only on job-related information and are defensible if scrutinized
.Don’t wait until litigation to do validation studies
REFERENCES
.http://www.quizlaw.com/hremployment_law/what_is_disparate_treatment
.http://www.hr-guide.com/data/G701.htm
.http://definitions.uslegal.com/d/disparate-treatment/
.http://www.fnrlaw.com/CM/Custom/PDF/TiTLE%20VII%20WEB%20SITE.pdf
.http://www.wisegeek.com/what-is-an-injunctive-relief.htm
.http://eeoc.gov/eeoc/meetings/archive/5-16-07/testcase_ashe.html
.http://springboard.resourcefulhr.com/disparate-impact-versus-disparate- treatment-%E2%80%93-what-employers-need-to-know/ .http://www.attiglawfirm.com/eeoc-faq
References: .http://www.quizlaw.com/hremployment_law/what_is_disparate_treatment .http://www.hr-guide.com/data/G701.htm .http://definitions.uslegal.com/d/disparate-treatment/ .http://www.fnrlaw.com/CM/Custom/PDF/TiTLE%20VII%20WEB%20SITE.pdf .http://www.wisegeek.com/what-is-an-injunctive-relief.htm .http://eeoc.gov/eeoc/meetings/archive/5-16-07/testcase_ashe.html .http://springboard.resourcefulhr.com/disparate-impact-versus-disparate- treatment-%E2%80%93-what-employers-need-to-know/ .http://www.attiglawfirm.com/eeoc-faq
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