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
Gender (pregnancy)
National origin
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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