Employment Discrimination

Definition

Employment discrimination refers to the unfair or unequal treatment of employees or job applicants based on their race, color, religion, sex, national origin, age, disability, or other protected characteristics. It is a violation of federal and state laws that aim to ensure equal opportunity in the workplace.

5 Must Know Facts For Your Next Test

1. Employment discrimination can occur during any stage of the employment process, including hiring, promotion, compensation, discipline, and termination.
2. Employers are prohibited from making employment decisions based on stereotypes, assumptions, or biases related to an individual's protected characteristics.
3. Reasonable accommodations must be provided to employees with disabilities, unless doing so would cause undue hardship for the employer.
4. Retaliation against employees for reporting or opposing discriminatory practices is also illegal under federal and state laws.
5. Employers can be held liable for employment discrimination committed by their managers, supervisors, or other employees.

Review Questions

• Explain the key provisions of Title VII of the Civil Rights Act of 1964 and how they relate to employment discrimination.
  • Title VII of the Civil Rights Act of 1964 is a federal law that prohibits employment discrimination based on race, color, religion, sex, or national origin. It requires employers to provide equal opportunities and treatment in all aspects of employment, including hiring, promotion, compensation, and termination. The law also prohibits retaliation against employees who report or oppose discriminatory practices. Title VII is a cornerstone of employment law and serves as the foundation for protecting employees from unfair treatment in the workplace due to their protected characteristics.
• Describe the role of the Equal Employment Opportunity Commission (EEOC) in addressing employment discrimination and the process for filing a complaint.
  • The Equal Employment Opportunity Commission (EEOC) is the federal agency responsible for enforcing laws against employment discrimination. The EEOC investigates complaints of discrimination, determines if there is reasonable cause to believe a violation has occurred, and may attempt to resolve the issue through mediation or file a lawsuit on behalf of the employee. Employees who believe they have been subjected to unlawful discrimination can file a charge with the EEOC, which will then investigate the claim and determine the appropriate course of action. The EEOC plays a critical role in ensuring that employers comply with federal anti-discrimination laws and that employees have a means to seek redress for unlawful treatment in the workplace.
• Analyze the different forms of employment discrimination, including disparate treatment and disparate impact, and how they can be identified and addressed by employers and employees.
  • Employment discrimination can take various forms, including disparate treatment and disparate impact. Disparate treatment occurs when an employee is intentionally treated less favorably than others due to their protected characteristic, such as race, gender, or age. Disparate impact, on the other hand, refers to employment policies or practices that appear neutral but disproportionately affect individuals with a protected characteristic, even if the discrimination is unintentional. Employers must be proactive in identifying and addressing both forms of discrimination to ensure compliance with federal and state laws. Employees who believe they have been subjected to either disparate treatment or disparate impact discrimination can file a complaint with the EEOC, which will investigate the claim and work to remedy the unlawful practice. Understanding the different types of employment discrimination and the employer's and employee's respective roles in addressing them is crucial for maintaining a fair and equitable workplace.

Related terms

Title VII of the Civil Rights Act of 1964: Federal law that prohibits employment discrimination based on race, color, religion, sex, or national origin.

Equal Employment Opportunity Commission (EEOC): The federal agency responsible for enforcing laws against employment discrimination and investigating related complaints.

Disparate Treatment: A form of intentional discrimination where an employee is treated less favorably than others due to their protected characteristic.