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The commissioner of the EEOC can issue charges without a complainant, referred to as a "commissioner's charge." [8] Discrimination complaints can be based on hiring, firing, promotions, harassment, training, wages, and/or benefits, [9] and responsibility covers: [10] Title VII of the Civil Rights Act of 1964
Height and weight requirements have been identified by the EEOC as having a disparate impact on national origin minorities. [ 108 ] When defending against a disparate impact claim that alleges age discrimination , an employer, however, does not need to demonstrate necessity; rather, it must simply show that its practice is reasonable.
Sexual harassment in the workplace in US labor law has been considered a form of discrimination on the basis of sex in the United States since the mid-1970s. [1] [2] There are two forms of sexual harassment recognized by United States law: quid pro quo sexual harassment (requiring an employee to tolerate sexual harassment to keep their job, receive a tangible benefit, or avoid punishment) and ...
State and local laws often protect additional characteristics such as marital status, veteran status and caregiver/familial status. [1] Earnings differentials or occupational differentiation—where differences in pay come from differences in qualifications or responsibilities—should not be confused with employment discrimination.
While sexual harassment is a form of workplace harassment, the United States Department of Labor defines workplace harassment as being more than just sexual harassment. [10] "It may entail quid pro quo harassment, which occurs in cases in which employment decisions or treatment are based on submission to or rejection of unwelcome conduct ...
To establish whether the situation is actionable the "totality of circumstances" must be weighed with an eye to determining "that the harassment affected a term, condition, or privilege of employment in that it was sufficiently severe or pervasive to alter the condition of the victim's employment and create an abusive working environment".
In employment law, a bona fide occupational qualification (BFOQ) (US), bona fide occupational requirement (BFOR) (Canada), or genuine occupational qualification (GOQ) (UK) is a quality or an attribute that employers are allowed to consider when making decisions on the hiring and retention of employees—a quality that when considered in other contexts would constitute discrimination in ...
California law and the FEHA also allow for the imposition of punitive damages [9] [10] when a corporate defendant's officers, directors or managing agents engage in harassment, discrimination, or retaliation, or when such persons approve or consciously disregard prohibited conduct by lower-level employees in violation of the rights or safety of the plaintiff or others.
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