the giving of an unfair advantage or disadvantage to the members of a particular group in comparison to the members of other groups
Discrimination is a suble & complex phenomenon that may assume 2 broad forms:
1. unequal (disparate) treatment
2. Adverse impact (unintentional) discrimination
1. Unequal (disparate) treatment-
is based on an intention to discriminate, including the intention to retaliate against a person who opposed discrimination, who has brought charges, or who has participated in an investigation or hearing
There are 3 major subtheories of discrimination within the Disparate treatment theory:
1. cases that rely on diret evidence of the intention to disc.
2. cases that are proved thru circumstantial evidence of the intention to disc. (ex. Schwager v. sun oil co.)
3. mixed motive cases (a hybrid theory) that rely on both direct evidence of the intintion to disc. (age, sex, race), and proof the the employer's stated legitamate basis for its employment decision is actually just a pretext for illegal disc.
2. Adverse impact (unintentional) disc.
occurs when identical standards or procedures are applied to everyone, despite the fact that they lead to a substantial difference in employment outcomes (selection, promotion, layoffs)
Ex. min. height requirement for police cadets, this requirement would have an adverce impact on asians, hispanics and women
The covil rights act of 1866 and 1871
grants all citizens the right to sue in federal court if they feel they have been deprived of any rights or privileges guaranteed by the constitution and laws
Equal pay for equal work act of 1963
the act was passed as an amendment to the fair labor standards act (FLSA) of 1938
requires that men & women working for the same establishment be paid the same rate for work that is substantially equal in skill, effort, responisibility, and working conditions
pay differentials are legal/appropriate id they are based on merit, seniority, systems that measure the quality or quantity of work or any factor other than sex
the immigration reform and control act of 1986
applied to every employer in the US
1. requires that employers not hire/continue to employ aliens who arent legally authorized to work in the u.s.
2. with in 3 days of the hire date employers verify the identity and work authorization of every new employee and then sign a form saying they are legal. (I-9)
The act provides that a seniority system that intentionally discriminates against the members of a protected group can be challenged within 180 days of any of the following 3 points.
1. when the system is adopted
2. when an individual becomes subject to the system
3. when a person is injured by the system
Extension to U.S. senate and appointed officials
protection from disc. to employees of the us senate, political appointees of the president, and staff members by elected officials at the state level
The purpose of the rehabilitation act of 1973
eliminate systemic discrimination- that is, any business practice that results in the denial of the EEO
It emphasized on "screening in" applicants, not "screening them out"
2 types of sexual harrassment
1. quid pro quo- you give me this, i'll give you that
2. hostile work environment- an intimidating, hostile, or offensive atmosphere