Question

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1. Name the federal agency charged with enforcement of employment discrimination.

2.Name the California agency charged with enforcement of employment discrimination.

3.What is disparate-impact discrimination?

4.What is disparate-treatment discrimination?

5.What is the difference between disparate-impact discrimination v. disparate -treatment discrimination?

6.Name the laws and the people that they protect (See EEOC presentation).

7. What are some of the defenses to alleged acts of discrimination.

Answer 1

1) The U.S. Equal Employment Opportunity Commission (EEOC)

2) The Department of Fair Employment and Housing

3) Disparate impact discrimination is “negligent” or “unintentional” discrimination. It occurs when an employer’s facially neutral policy (e.g., a policy excluding applicants from employment based on certain criminal conduct) disproportionately impacts some individuals protected under Title VII (e.g., racial minorities).

Disparate impact is a way to prove employment discrimination based on the effect of an employment policy or practice rather than the intent behind it. Laws that prohibit employment discrimination apply not only to intentional discrimination, but also to apparently neutral policies and practices that have a disproportionate adverse affect on members of a protected class. For example, a strength requirement might screen out disproportionate numbers of female applicants for a job, and requiring all applicants for promotion to receive a certain score on a standardized test could adversely affect candidates of color.

4) Disparate treatment is one kind of unlawful discrimination in US labour law. In the United States, it means unequal behavior toward someone because of a protected characteristic (e.g. race or gender) under Title VII of the United States Civil Rights Act. This contrasts with disparate impact, where an employer applies a neutral rule that treats everyone equally in form, but has a disadvantageous effect on some people of a protected characteristic compared to others.

Title VII prohibits employers from treating applicants or employees differently because of their membership in a protected class. A  violation is made out when an individual of a protected group is shown to have been singled out and treated less favorably than others similarly situated on the basis of an impermissible criterion under Title VII. The issue is whether the employer's actions were motivated by discriminatory intent. Discriminatory intent can either be shown by direct evidence, or through indirect or circumstantial evidence.

Disparate treatment is a way to prove illegal employment discrimination. An employee who makes a disparate treatment claim alleges that he or she was treated differently than other employees who were similarly situated, and that the difference was based on a protected characteristic. In other words, the employee alleges that the employer treated the employee worse because of his or her race, gender, age, or other protected trait.