Week 2 Discussion

South University

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Discrimination in the Workplace Title VII of the Civil Rights Act of 1964 lays the foundation for protection against discriminatory acts in the workplace. Title VII prohibits employment discrimination based on race, color, religion, sex, and national origin. Over the years, additional anti-discrimination laws have been enacted to address harmful employer actions based on age, family status, economic status, disability, sexual orientation or identity, military or national guard status, medical condition, and genetic information.

Each of these “protected classes” can be the basis for a discrimination claim if an employment action was taken because of the employee’s membership in the protected class. For example, it is not illegal to terminate a single mother unless the employee was terminated because she is a single mother.

Workplace discrimination claims take two forms, disparate treatment discrimination and disparate impact discrimination. It is important to understand both of them because both are actionable and both can lead to expensive and damaging court battles.

Disparate treatment discrimination is the type we are most familiar with; an employer takes action against an employee who is a member of a protected class. For example, an employer fires an employee because the employee insists on having Sunday mornings off to attend church services. In disparate treatment claims, a direct action is taken against an employee.

Disparate impact discrimination occurs when a protected class is harmed through indirect action, such as promotion policies or hiring procedures. Impact is evidenced by an out-of-balance proportion of employees within the company, such as no females in mid- to high-level management indicating that gender discrimination might be occurring. Or a low percentage of older persons in the company ranks, indicating that age discrimination might be occurring.

Human resource managers must have awareness for both treatment and impact discrimination and develop proactive programs to prevent claims from arising.

Research

Age is a protected class. Disparate impact and disparate treatment claims based on age discrimination are becoming common in business sectors dominated by youthful employees, such as technology and restaurants. A simple web search using the keywords "age discrimination cases" will reveal current trends.

Review the following link to learn more. Age Discrimination Cases 

South University

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Additional Materials

From your course textbook, Employment and Labor Law, read the following chapters:

Title VII of the Civil Rights Act and Race Discrimination

Gender and Family Issues: Title VII and Other Legislation

Discrimination Based on Religion and National Origin and Procedures Under Title VII

Discrimination Based on Age

Discrimination Based on Disability

Other EEO and Employment Legislation: Federal and State Laws

From the South University Online Library, read the following articles:

It's Not Your Parents' Definition of "Sex" Anymore: Avoiding Claims of Sexual Orientation and Gender Identity Discrimination

Protected Classes, Credit Histories, and Criminal Background Checks: A New Twist to Old- Fashioned Disparate Impact Cases?

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