What is disparate treatment quizlet?

What is disparate treatment in the workplace?

Disparate treatment is a way to prove illegal employment discrimination. An employee who makes a disparate treatment claim alleges that he or she was treated differently than other employees who were similarly situated, and that the difference was based on a protected characteristic.

In which example is disparate treatment considered legal quizlet?

The courts have held that in some situations that a factor such as sex or race may be a bona fide occupational qualification (BFOQ), that is, a necessary (not merely preferred) qualification for performing a job. In this case disparate treatment is legal.

What is disparate impact quizlet?

Disparate impact refers to unintentional discrimination, the discriminatory effects of apparently neutral employment criteria.

What is the difference between disparate treatment discrimination and disparate impact discrimination quizlet?

Disparate-Treatment occurs when an employer discriminates against a specific individual or employee because of that persons race, color, national origin, sex, or religion. Disparate-Impact occurs when an employer discriminates against an entire protected class through practices, procedures, or tests.

What is disparate treatment in human resources?

Disparate treatment, also known as adverse treatment, occurs when an employer treats an employee unfairly compared to other employees based on the person's personal characteristics, especially with regard to protected classes.

What is the difference between overt discrimination and disparate treatment?

Overt Discrimination, which occurs when a consumer is openly and/or actively discriminated against on a prohibited basis factor. Disparate Treatment, which occurs when members of a prohibited basis group are treated differently than others.

What do you need to prove a disparate treatment?

What is disparate treatment under Title VII?

(a) Disparate Treatment -

Discrimination within the meaning of Title VII of the Civil Rights Act of 1964 can take many forms. It can occur when an employer or other person subject to the Act intentionally excludes individuals from an employment opportunity on the basis of race, color, religion, sex, or national origin.

What is disparate treatment in real estate?

Disparate treatment occurs when a lender treats a. credit applicant differently on the basis of one of the. prohibited factors.

What does disparate impact refer to?

disparate impact, also called adverse impact, judicial theory developed in the United States that allows challenges to employment or educational practices that are nondiscriminatory on their face but have a disproportionately negative effect on members of legally protected groups.

How can disparate treatment be prevented in the workplace?

The key to avoiding disparate discrimination is to treat all candidates equally. If you ask something of one candidate, make sure you ask the same of the others. Don't require pre-employment testing, proof of certifications or examples of experience from one candidate without asking it from all.

What is the difference between disparate treatment and adverse impact?

As a phenomenon, both are experienced by groups that should have been protected from discrimination. Disparate impact, however, is a legal concept, ff which adverse impact is one of the elements. Adverse impact is the direct result of disparate impact.

How do you prove disparate impact?

To establish an adverse disparate impact, the investigating agency must (1) identify the specific policy or practice at issue; (2) establish adversity/harm; (3) establish significant disparity; [9] and (4) establish causation.

How do you prove a disparate impact case quizlet?

- Business necessity If the plaintiff establishes disparate impact, the employer must prove that the challenged practice is "job-related for the position in question and consistent with business necessity."

What is the four fifths rule?

The Four-Fifths rule states that if the selection rate for a certain group is less than 80 percent of that of the group with the highest selection rate, there is adverse impact on that group.

What are EEOC guidelines?

Under the laws enforced by EEOC, it is illegal to discriminate against someone (applicant or employee) because of that person's race, color, religion, sex (including gender identity, sexual orientation, and pregnancy), national origin, age (40 or older), disability or genetic information.

What is quid pro quo harassment?

Sexual harassment in which a boss conveys to an employee that he or she will base an employment decision, e.g. whether to hire, promote, or fire that employee, on the employee's satisfaction of a sexual demand. For example, it is quid pro quo sexual harassment for a boss to offer a raise in exchange for sex.

Which of the following is true about Title VII and the Civil Rights Act of 1964?

Which of the following is true of Title VII of the Civil Rights Act of 1964? The correct answer is B. It does not cover non-U.S. citizens working outside the United States. . The Equal Employment Opportunity Commission (EEOC) is the federal agency responsible for enforcing federal employment discrimination statutes.

Which of the following is true of the Age Discrimination in Employment Act?

Which of the following is true of the Age Discrimination in Employment Act? It allows an employer to rebut a prima facie case of age discrimination by identifying any "reasonable factor other than age" that motivated the decision.