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Employment discrimination

Employment discrimination. Unfair vs. unlawful. State Human Affairs Law Prohibits Employment Discrimination Based On:. RACE COLOR RELIGION NATIONAL ORIGIN SEX AGE DISABILITY. Theories of Discrimination.

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Employment discrimination

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  1. Employment discrimination Unfair vs. unlawful

  2. State Human Affairs Law Prohibits Employment Discrimination Based On: RACE COLOR RELIGIONNATIONAL ORIGINSEXAGEDISABILITY

  3. Theories of Discrimination Disparate Treatment : an individual is treated differently than others in similar situations Disparate Impact : an employment practice, nondiscriminatory on its face, is illegal if it has a disparate impact on protected classes

  4. The “but for” theory

  5. The Burden of Proof Complainant Employer Complainant

  6. The burden of proof complainant employer complainant

  7. A PRIMA FACIE CASE OF DISCRIMINATION EXISTS IF EMPLOYEE CAN SHOW THAT THEY:are a member of a protected class;qualified to perform job & meeting employer’s expectations;subjected to an adverse employment action; andsimilarly situated employees of another class were treated more favorably.

  8. Oncetheplaintiff has established a prima facie case, the burden shifts to the defendant to provide a legitimate, nondiscriminatory reason for the adverse employment action. . . .

  9. If the defendant has provided a legitimate reason, the burden shifts back to the plaintiff to show that the defendant’s proffered reason is merely pretextual.

  10. consistencyconsistencyconsistency

  11. document document document document document

  12. DO THE RIGHT THING ! BE CONSISTENT IN TREATMENT APPLY STANDARDS EQUALLY CHOOSE WORDS THOUGHTFULLY KEEP ACCURATE, OBJECTIVE RECORDS NEVER RETALIATE

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