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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.
Often, employers will use BFOQ as a defense to a Disparate Treatment theory employment discrimination. BFOQ cannot be a cost justification in wage gaps between different groups of employees. [96] Cost can be considered when an employer must balance privacy and safety concerns with the number of positions that an employer are trying to fill. [96]
Thus, a comment about pregnancy, a sex discrimination lawsuit, or diversity immediately before a committee evaluates a female job candidate is likely to exacerbate sex stereotyping in the evaluation." Employers can learn from this by making an effort to not bring up a minority-related comment before evaluating an employee in that group.
Getty Images Suzanne Lucas, better known as the Evil HR Lady (she's very nice and not evil at all), did an interesting article about what employers are saying about former employees in references ...
[2] Where a disparate impact is shown, the plaintiff can prevail without the necessity of showing intentional discrimination unless the defendant employer demonstrates that the practice or policy in question has a demonstrable relationship to the requirements of the job in question. [3] This is the "business necessity" defense. [1]
Most employees are entitled to be paid overtime for any hours worked over 40 in one week (and no, your employer can't average two or more weeks together). Unless you work for a tiny and purely ...
Disparate treatment occurs when an employer treats an employee differently because of the employee's protected status. Disparate impact occurs when an employer's policies or practices are seemingly neutral regarding protected statuses and have a disproportionate negative impact on members of one of those groups (Prenkert et al., 2019).
This could include back-pay, job reinstatement, attorney's fees, expert witness fees, court costs, other compensatory damages, and punitive damages. Age-based discrimination and gender-based wage discrimination are not eligible for compensatory or punitive damages, but instead are limited to liquidated damages equal to the amount of back pay.