What Is Employment Discrimination?

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What Is Employment Discrimination?

Employment discrimination generally occurs when an employee is intentionally treated differently because of the employee’s race, color, religion, national origin, disability, gender, sexual orientation (this varies from state to state) or age by the employer in either the phases of hiring, discipline, performance of job duties or termination. To prove unlawful discrimination, employees must be able to show that an action affecting employment was based on the fact that the employee belongs to a protected class rather than a legitimate business decision. Lawyers generally classify employment discrimination cases as either "disparate treatment" or "disparate impact" cases. If the employer's action is intentionally discriminatory, it is usually called "disparate treatment." If the an employer’s policies and procedures have an unintentional discriminatory effect, it it is usually called "disparate impact." However, even if an employee’s evidence shows that an employer's action constitutes discrimination, an employer may be able to justify the action by proving that there was a "business necessity" for it or that the issue related to a "legitimate job qualification." When the employer makes a decision based on a legitimate justification, the burden then shifts back to the employee to show that discrimination, not the employer’s justification, was the true reason for the action.

Other Employment Discrimination FAQs

Q: What Is The Difference Between Disparate Impact And Disparate Treatment?
A: Discrimination on its face is disparate treatment. However, rules or policies that are facially neutral can have a disproportionate impact on minorities and other … More
Q: What Is A For Cause Defense To A Discrimination Claim?
A: An employer may defend against a discrimination claim by showing the court that it had good cause or a legitimate nondiscriminatory reason for its action. For … More
Q: What Does The Civil Rights Act Of 1964 (Title VII) Govern?
A: Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on race, color, sex, religion or national origin. Title VII prohibits not … More
Q: What Is A Bona Fide Occupational Qualification Defense To A Discrimination Claim?
A: Under Title VII, an employer can select employees on the basis of religion, sex or national origin in those instances in which it is a bona fide occupational … More
Q: What Administrative Body May Impose Remedies For A Violation Of The Civil Rights Act Of 1964?
A: The Equal Employment Opportunity Commission (EEOC) administers and enforces Title VII of the Civil Rights Act of 1964. The EEOC has the power to investigate, … More
Q: What Is A Seniority System As A Defense To A Discrimination Claim?
A: There may be different standards of compensation or different terms and conditions of employment pursuant to a bona fide seniority system, if such a difference is not … More
Q: As An Employer, What Can I Expect To Happen In An Eeoc Investigation?
A: After a charge is filed, you may be asked to provide a statement of position responding to the allegations in the charge. You may also be asked to provide documents or … More
Q: Does The Employer Have To Prove Business Necessity In A Disparate Impact Case?
A: Since the Civil Rights Act of 1991, once a prima facie allegation has been established, the employer is required to not only prove that the employment practice is job … More
Q: What Does The Eeoc Do If It Determines That A Violation Of The Law Has Occurred?
A: If the EEOC determines that there is reasonable cause to believe that discrimination occurred, a written determination and invitation to enter into settlement … More
Q: What Happens If There Is A Mixed Motive In An Action Taken By An Employer; One Discriminatory And The Other Non-Discriminatory?
A: When the employer had a mixed motive and if that same action would have been taken even in the absence of the discriminatory motive. The Civil Rights Act of 1991 … More