Discrimination in Employment PDF

Discrimination/Fairness KNOW WHICH GROUPS ARE PROTECTED FROM DISCRIMINATION Awareness and knowledge are the keys to avoiding employment discrimination. Each supervisor or line manager—the management representative who has the most direct contact with employees—must be familiar with the types of disc...

Discrimination/Fairness KNOW WHICH GROUPS ARE PROTECTED FROM DISCRIMINATION Awareness and knowledge are the keys to avoiding employment discrimination. Each supervisor or line manager—the management representative who has the most direct contact with employees—must be familiar with the types of discrimination that are not permitted in the workplace. Federal laws. Federal equal employment opportunity (EEO) laws prohibit employers from basing employment decisions on any of the following personal traits that may apply to an applicant or employee: • Race or color • Religion • Sex (includes sexual harassment, equal pay, and pregnancy) • Age (applies generally to persons age 40 or over) • Disability (physical or mental) • National origin • Citizenship status (applies to US citizens or aliens who are authorized to work in the US) • Veteran or military status • Caregiver status • Genetic information State laws. Some state EEO laws also prohibit discrimination on the basis of: • Arrest records • Marital status • Sexual orientation or gender identity • State of residency • Political affiliation • Lawful off-duty activities • Lactation 16 • Credit history • Ownership or possession of firearms • Victim status (domestic or sexual violence) • Unemployment status HOW DISCRIMINATION OCCURS Job discrimination exists when employees or applicants who are members of a protected group or associated with members of a protected group are treated less favorably than others. Intentional discrimination ("disparate treatment"). Unlawful discrimination is usually the result of a deliberate intent to base an employment decision on a person's protected status or association with a member of a protected group. To avoid charges of intentional discrimination, managers and supervisors must: 1. Use only job-related factors as the basis for employment decisions—whether decisions about hiring, transfers, promotions, discipline, layoffs, terminations, pay, or job environment. 2. Never base an employment decision on a person's membership in a protected group. 3. Treat employees consistently and fairly. Unintentional discrimination ("disparate impact"). Unlawful discrimination can also occur in the absence of any discriminatory intent. Unintentional discrimination takes place when a job requirement (such as a test, diploma, or height requirement) that applies to all employees tends to exclude members of a protected group. Such a requirement is against the law if it is not jobrelated and is not necessary to the business. Unintended age discrimination may occur, for example, when an employment policy or practice that applies to everyone, regardless of age, has a negative impact on applicants or employees age 40 or older and is not based on a reasonable factor other than age. If you think a company requirement is unfairly screening out members of a protected group, you should notify your Human Resources department. While courts, including the US Supreme Court, continue to publicly struggle to find the right balance for causation and burden of proof requirements in employment discrimination cases, it is best for managers and supervisors to simply avoid engaging in discrimination altogether. DISCRIMINATORY SITUATIONS 1. Discharging older workers and hiring younger, lower-paid workers. Workers 40 years of age and older are protected from employment discrimination on the basis of age. 17