http://resources.lawinfo.com/en/Legal-FAQs/Discrimination-Employment/index.html LawInfo - Legal Resource Center offers free legal forms and free legal documents that is designed to help consumers and businesses resolve their legal issues http://resources.lawinfo.com/en/Legal-FAQs/Discrimination-Employment/Federal/what-is-employment-discrimination-.html 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. Employment Discrimination FAQs Fri, 16 May 2008 17:18:42 GMT http://resources.lawinfo.com/en/Legal-FAQs/Discrimination-Employment/Federal/what-does-the-civil-rights-act-of-1964-title-.html 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 only intentional discrimination, but also prohibits certain practices that have the effect of discriminating against protected individuals.  Employment Discrimination FAQs Tue, 06 Nov 2007 20:18:19 GMT http://resources.lawinfo.com/en/Legal-FAQs/Discrimination-Employment/Federal/what-is-the-difference-between-disparate-impa.html Discrimination on its face is disparate treatment. However, rules or policies that are facially neutral can have a disproportionate impact on minorities and other members of a protected group. This is called disparate impact. Employment Discrimination FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Discrimination-Employment/Federal/what-does-the-eeoc-do-if-it-determines-that-a.html If the EEOC determines that there is reasonable cause to believe that discrimination occurred, a written determination and invitation to enter into settlement discussions are issued to the parties. If settlement efforts are not successful, the EEOC and/or the charging party may file a lawsuit against the employer for unlawful discrimination.  Employment Discrimination FAQs Tue, 06 Nov 2007 20:25:55 GMT http://resources.lawinfo.com/en/Legal-FAQs/Discrimination-Employment/Federal/what-administrative-body-may-impose-remedies-.html 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, litigate and resolve unfair employment practices. The EEOC may take action in a federal district court for appropriate relief and may also seek preliminary relief pending disposition of a charge. Employment Discrimination FAQs Tue, 06 Nov 2007 20:19:40 GMT http://resources.lawinfo.com/en/Legal-FAQs/Discrimination-Employment/Federal/what-is-a-for-cause-defense-to-a-discriminati.html 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 example, an employer may defend against an employee's claim that she was unlawfully fired on the basis of race by proving that the employee was in fact fired for legitimate reasons. The Civil Rights Act of 1991 provides that an unlawful employment practice is established where an employee has shown that a discriminatory motive was involved in an employer`s decision, even though other nondiscriminatory factors motivated the decision. If the employer can prove that the employer would have made the same decision (for example fired the employee) absent the discriminatory motive, the employee may not recover damages or be awarded reinstatement, hiring or promotion. Employment Discrimination FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Discrimination-Employment/Federal/what-is-a-bona-fide-occupational-qualificatio.html 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 qualification, reasonably necessary to the normal operation of the business. Because this qualification is narrowly construed, it is not often used as a defense in Title VII cases. Employment Discrimination FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Discrimination-Employment/Federal/what-is-a-seniority-system-as-a-defense-to-a.html 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 the result of intentional discrimination with regard to race, color, religion, sex or national origin. The Supreme Court has ruled that a bona fide seniority system can thus be used even if it has a discriminatory effect, so long as the system was not intended to be discriminatory. Employment Discrimination FAQs Mon, 04 Jun 2007 21:51:22 GMT http://resources.lawinfo.com/en/Legal-FAQs/Discrimination-Employment/Federal/as-an-employer-what-can-i-expect-to-happen-in.html 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 information related to the subject of the EEOC's investigation. Additionally, the EEOC may ask to visit your worksite or to interview some of your employees. Cooperation with EEOC requests for information is helpful to the EEOC in investigating charges. When an employer refuses to provide information, or does not do so in a reasonably timely manner, the EEOC may issue a subpoena. You may retain an attorney to represent you during the EEOC’s handling of the charge but you are not required to do so. Employment Discrimination FAQs Tue, 29 Apr 2008 20:11:13 GMT http://resources.lawinfo.com/en/Legal-FAQs/Discrimination-Employment/Federal/does-the-employer-have-to-prove-business-nece.html 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 related, but that it is required by business necessity. To establish business necessity, the employer must show that its particular business practice bears a demonstrable relationship to the successful performance of the jobs for which it was used. Employment Discrimination FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Discrimination-Employment/Federal/what-happens-if-there-is-a-mixed-motive-in-an.html 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 overturns this making any discrimination unlawful, even if the employee would have suffered the same adverse action in the absence of the discriminatory motive. Employment Discrimination FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Discrimination-Employment/Federal/what-should-an-employer-do-to-prevent-retalia.html The charge should be treated confidentially. If the charging party is a current employee, make sure no employee retaliates against the person filing the charge. Make clear to employees who file charges that their relationship with the company will not be affected. As to former employees, be sure that the EEOC filing does not affect the nature of any references given. 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