What is the difference between disparate treatment and disparate impact?
The difference is whether there is a discriminatory intention.
Disparate treatment means someone treat different groups of people differently with an overt intention，which indicates discrimination.
Disparate impact does not require intent,it is adverse effect of a facially neutral practice but people also discriminates against others because of their race, sex, national origin, age, or disability.There is no intention.
Explain the main features of Title VII, Equal Pay Act, Pregnancy Discrimination Act, Americans with Disabilities Act, Civil Rights Act of 1991.
Title VII：It protects people from discrimination in gender, race, age and other aspects.
Equal Pay Act：When other conditions arr the same, it is illegal to pay different wages for different genders.
The Pregnancy Discrimination Act：It forbids discrimination by employers based on pregnancy, including hiring, firing, pay, job assignments and so on.
Americans with Disabilities Act：It is illegal to discriminate against persons with disabilities in the workplace and social activities.
The Civil Rights Act of 1991: This law empowered the employee and put a large liability and burden of proof upon the employer.In intentional case, victim can require compensatory.
What important precedents were set by the Griggs v. Duke Power Company case? The Albemarle Paper Co. v. Moody?
The plaintiff argued that his employer's requirement that coal handlers be high school graduates was unfairly discriminatory. The court ruled that the employer was illegal unless he could give evidence that the employment standard was related to the post.
Supreme Court case in which it was ruled that the validity of job tests must be documented and those employee performance standards must be unambiguous.
What is adverse impact? How can it be proved?
Adverse impact means that in the process of recruitment or selection, the rejection rate of discriminated groups is significantly higher than that of abnormal groups.
We can use data and facts to prove.For example, in a technology company, there are many more men than women. In an American company, the proportion of whites accounts for 80%.
What is sexual harassment? How can an employee prove sexual harassment?
Two people are not in love. One person flirts with the other with pornographic content, which disgusts the other.
To prove sexual harassment，an employee must show that:
1) He or she belongs to a protected group in law, he or she has been subjected to unwelcome sexual harassment;
2) He or she can prove his or her employer is liable under the doctrine of respondeat superior.
3) The employee's reaction to the sexual harassment was used as the basis for decisions affecting compensation, terms, conditions or privileges of employment.
4) The employee needs to prove the environment in the workplace was severe enough to detract from.
What are the two main defenses you can use in the event of a discriminatory practice allegation, and what exactly do they involve?
Bona fide occupational qualification (BFOQ)
BFOQ refers to the employer can show that religion, sex, or national origin is a necessary requirement to do the job.
Business necessity - Business necessity is a justification for an otherwise discriminatory employment practice, provided there is an overriding legitimate business purpose.
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