Key Terms
Illegal discrimination
Making employment decisions (hiring, compensation, scheduling, performance evaluation, promotion, firing) based on facto
Nine federally protected categories
Age, disability, genetic information, national origin, pregnancy, race and color, religion, and sex. The EEOC currently
BFOQ applies to
Sex, religion, national origin, and age. BFOQ does NOT apply to: race or color.
Example
A Jewish center may refuse to hire a non-Jewish individual for a role that requires adhering to and promoting the Jewish
Purpose
Passed to reverse a series of Supreme Court decisions that had weakened discrimination protections. It re-established th
Basic principle
A woman affected by pregnancy must be treated the same as any other applicant or employee in the same situation.
Ruling
Same-sex sexual harassment is actionable under Title VII. The plaintiff must prove discrimination occurred because of se
Direct costs
Attorney fees, judgments, settlements.
Indirect costs
Management time, brand damage, employee morale and productivity loss, customer and partner perception.
Unconscious bias
A prejudice in favor of or against one thing, person, or group compared with another -- usually in a way considered unfa
Disparate Treatment
Intentional discrimination against a protected class.
Disparate Impact
A neutral policy or practice that disproportionately and adversely affects a protected group; illegal if not justified b
BFOQ (Bona Fide Occupational Qualification)
A legally permitted exception allowing employment decisions based on sex, religion, national origin, or age when those c
Undue Hardship
An accommodation that would impose significant difficulty or expense on the employer; used to define the limit of requir
Unconscious Bias
A prejudice in favor of or against a person or group that operates below the level of conscious awareness; a product of