Week 2 Discussion

South University

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Preventing or Defending Against Discrimination Claims Every employee belongs to a protected class. Many belong to multiple protected classes. Knowing this, how does a human resource manager prevent or defend against discrimination claims?

The best defense is to educate managers and supervisors about discrimination and the protected classes. Employment action should never be taken against an employee because of their membership in a protected class. The reason for action must be based upon legitimate and legal business reasons.

Business necessity is the most common defense to a claim of discrimination. If an employer can show that an action was taken against an employee for business reasons only and that the action is consistent with prior practice or policy within the business, then there is no liability. For example, firing a female over the age of forty because she was consistently late to work is an action taken out of business necessity.

The defense of bona fide occupational qualification allows employers to exclude some workers from particular jobs, even if the exclusion results in a discriminatory effect. For example, delivery drivers may be required to pass a lifting test to prove they are able to lift heavy packages for extended periods of time, a practice, which may lead to the exclusion of female or older employees.

Reasonable accommodations offered to an employee to meet religious or disability needs may be offered as a defense. For example, moving an employee to third shift to allow the employee to attend religious activities is a reasonable accommodation.

Perhaps the best defense against a discrimination claim is the accurate and timely documentation of employee transgressions and related actions taken by the employer. Document, document, document. Show no unfair treatment, never “build a file” after taking the action, and do not depart from company policy when dealing with suspect classes.

Defending Discrimination

Women drivers at UPS are rare, but this is not illegal discrimination. There is a bona fide occupational

qualification associated with driving delivery trucks.

For example,

Delivery drivers may be required to pass a lifting test to prove that they are able to lift heavy packages for extended periods of time, a practice, which may lead to the exclusion of female or older employees.

Moving an employee to the third shift to allow the employee to attend religious activities is a reasonable accommodation.

South University

file:///C|/Users/CWATKIM/Desktop/Preventing%20or%20Defending%20Against%20Discrimination%20Claims.html[5/6/2020 9:21:07 PM]

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