HHS Law in Society - Employment Discrimination
|Legal discrimination|| |
Some types of discrimination are legal - choosing on the basis of performance or ability is legal
|Protected Classes|| characteristics that employers may not consider in their employment decisions|
|Illegal discrimination|| |
Making a decision based upon the "protected classes"
|Proving illegal discrimination (employee)|| Must prove|
1) unequal treatment
2) qualified for the job/promotion
3) another individual received the benefits (pay)
|Proving legal discrimination (business)||Must prove the decision was meant to advance the business|
|Bona fide occupational qualification (BFOQ)|| |
allows discrimination in specific hiring situations - usually based upon gender
Example - If someone wanted to hire an actor or actress to play the Queen of England they could just interview women; they are allowed to discriminate on the basis of gender.
|Bona fide seniority system|| |
rewards employees based upon length of employment rather than merit
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- "Legal discrimination" image
- "Illegal discrimination" image
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- "Bona fide seniority system" image
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