Question

what is the legal difference between discriminatory treatment and discriminatory impact?

provide an example of employer conduct that constitutes intentional discrimination and discriminatory impact based on sex.

Answer 1

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Discriminatory treatment - means to distinguish, single out, or make a distinction.

In the context of civil rights law, unlawful discrimination refers to unfair or unequal treatment of an individual (or group) based on certain characteristics, including:

• Age
• Disability
• Ethnicity
• Gender
• Marital status
• National origin
• Race,
• Religion, and
• Sexual orientation.

Example of discriminatory treatment

Mr.Jackie, an African American man, fills out an application to lease an apartment from Landlord. Upon learning that Mr.Jackie is an African American, Landlord refuses to lease the apartment to him, because he prefers to have Caucasian tenants in his building. Here, Landlord has committed a civil rights violation by discriminating against Mr.Jackie based solely on his race. Under federal and state fair housing and anti-discrimination laws, Landlord may not reject apartment applicants because of their race.

*Discriminatory Impact

1) Legal Consequences of Discrimination

The legal consequences of job discrimination are clearly spelled out in several federal statutes, but there are other less easily quantifiable consequences that affect the worker, the company and society at large.

Employers who violate the anti-discrimination laws face fines of up $300,000, and risk damaging their reputations

2) Economic Consequences for Employers of Job Discrimination

Discrimination is handled by the U.S. Equal Employment Opportunity Commission (EEOC). The penalties differ from one kind of discrimination to another, but in general the maximum civil penalties range from $50,000 for smaller firms to $300,000 for companies with 500 employees or more.

3) Consequences for Employees and the Public

The immediate consequences of job discrimination for a worker or job applicant are obvious: you were not hired or promoted, even when you were qualified. But longer term consequences can be worse: a study of more than 600 multi-racial hospital workers found a direct correlation between discrimination based on ethnicity and depression and job stress. The consequences affected African-American hospital workers more than other hospital workers, who reported the greatest number of incidences of racial discrimination on the job.

Sex discrimination

Sex discrimination may be direct or indirect. Direct sex discrimination is when an employee is treating unfavorably because of their sex. Indirect sex discrimination can occur if employers or managers hold assumptions about what sort of work women and men are capable, or not capable, of doing.

includes distinctions made on the basis of biological characteristics and functions that distinguish men and women; and on the basis of social differences between men and women. Physical distinctions include any job specifications which are not essential to carrying out the prescribed duties, e.g., minimum height or weight requirements which do not impact job performance. Social distinctions include civil status, marital status, family situation and maternity .

Example of discriminatory Impact

Women are most commonly affected by discrimination based on sex, especially in the case of indirect discrimination.

1) Barbara applies for a job as a bus driver. She had been a transport driver in the RAAF and has plenty of experience. When the employer gives her the job he tells her that he doubts she will be able to ‘hack the pace’ and that she will be paid less than her male colleagues until she ‘proves herself’.

2) Rico sees an advertisement for a job as a sales representative for a cosmetics company. When he telephones to express his interest, the personnel manager says, ‘Sorry, we don’t have any male reps and we like to keep it that way.’

3) Martha, a dispatch supervisor, discovers that male dispatch supervisors are on a higher wage and receive greater benefits than she does. She is told that she is paid less because drivers find it difficult to listen to females.

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