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It covers the more complicated side of discrimination where "some work criterion was fair in form but discriminatory in practice". Employees must prove that the employment practices used by an employer causes disparate impact on the basis of race, color, religion, sex, and/or national origin. [37]
Employer's burden of production: To rebut the inference of discrimination, the employer must articulate, through admissible evidence, a legitimate, non-discriminatory reason for its actions. The employer's burden is one of production, not persuasion; the ultimate burden of persuasion always remains with the plaintiff.
Lilly Ledbetter Fair Pay Act of 2009; Long title: An Act to amend title VII of the Civil Rights Act of 1964 and the Age Discrimination in Employment Act of 1967, and to modify the operation of the Americans with Disabilities Act of 1990 and the Rehabilitation Act of 1973, to clarify that a discriminatory compensation decision or other practice that is unlawful under such Acts occurs each time ...
The scope of equal opportunity has expanded to cover more than issues regarding the rights of minority groups, but covers practices regarding "recruitment, hiring, training, layoffs, discharge, recall, promotions, responsibility, wages, sick leave, vacation, overtime, insurance, retirement, pensions, and various other benefits". [21]
An employee handbook, sometimes also known as an employee manual, staff handbook, or company policy manual, is a book given to employees by an employer. The employee handbook can be used to bring together employment and job-related information which employees need to know. It typically has three types of content: [1]
[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]
Because inequalities can be caused either intentionally or unintentionally, the Supreme Court has decided that the Equal Protection Clause itself does not forbid governmental policies that unintentionally lead to racial disparities, though Congress may have some power under other clauses of the Constitution to address unintentional disparate ...
Importantly, the hostile work environment is gender neutral, that is, men can sexually harass men or women and women can sexually harass men or women. Likewise, a hostile work environment can be considered the "adverse employment action" that is an element of a whistleblower claim or a reprisal (retaliation) claim under a civil rights statute ...