Employment Discrimination FAQs
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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 Employment Discrimination?
A: Employment discrimination generally occurs when an employee is intentionally treated differently because of the employee’s race, color, religion, national … 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 -
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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 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 -
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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 -
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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:
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