Ch. 11: Employment Discrimination and Diversity – No. 1
Clarkson et al.’s Business Law: Commercial Law for Accountants (1E)
Ch. 11: Employment Discrimination and Diversity – No. 2
Clarkson et al.’s Business Law: Commercial Law for Accountants (1E)
INTENTIONAL DISCRIMINATION
Disparate Treatment: Intentional discrimination against
employees or applicants who are members of a protected
class (e.g., African-Americans, females, disabled persons).
(3) she was rejected, demoted, or terminated by the
employer; and
(4) the employer subsequently filled the position with a
person not in a protected class.
plaintiff must plead and prove that the reason the employer
gave was a mere pretext to disguise discriminatory intent.
Ch. 11: Employment Discrimination and Diversity – No. 3
Clarkson et al.’s Business Law: Commercial Law for Accountants (1E)
Pool of Applicants Test: A plaintiff can establish
disparate impact by proving that the percentage of
protected-class employees in the employer’s workforce
does not reflect the percentage of qualified protected-
“Four–Fifths Rule”: The EEOC deems a
challenged practice or procedure to be
discriminatory if it results in members of a
protected class being hired, retained, or promoted
employer to justify its practices or policies.
Ch. 11: Employment Discrimination and Diversity – No. 4
Clarkson et al.’s Business Law: Commercial Law for Accountants (1E)
RACE, COLOR, NATIONAL ORIGIN,
employment conditions, or benefits is illegal.
Color or National Origin
Discriminating on the basis of color or national origin
or national origin with regard to employment
conditions or benefits is illegal.
Religion: Employers must reasonably accommodate their
employees’ religious beliefs, unless doing so would cause the
Ch. 11: Employment Discrimination and Diversity – No. 5
Clarkson et al.’s Business Law: Commercial Law for Accountants (1E)
GENDER DISCRIMINATION
Pregnancy: Employers must treat women who are pregnant,
have recently given birth, and/or have a medical condition
related to pregnancy or childbirth the same as any other
employee who is temporarily unable to perform some or all of
Paycheck Fairness Act: Employers may not use gender-
based differentials in assessing an employee’s education,
training, or experience.
Lilly Ledbetter Fair Pay Act: Each time an employer pays
Clarkson et al.’s Business Law: Commercial Law for Accountants (1E)
CONSTRUCTIVE DISCHARGE
Constructive Discharge occurs when an employer causes an
(1) intolerable working conditions,
(2) which the employer knew or had reason to know
existed but failed to correct within a reasonable
time, and
(3) in many cases, that the employer’s discriminatory
recover loss of income, including back pay, despite her
“voluntary” resignation.
Ch. 11: Employment Discrimination and Diversity – No. 7
Clarkson et al.’s Business Law: Commercial Law for Accountants (1E)
employment benefits if sexual favors are refused.
Language or conduct that is so sexually offensive that it
creates a hostile working environment.
Online Harassment: Sending sexually offensive e-mails and
viewing sexually explicit or offensive Internet sites on
workplace computers may create a hostile work environment.
material.
Ch. 11: Employment Discrimination and Diversity – No. 2
Clarkson et al.’s Business Law: Commercial Law for Accountants (1E)
INTENTIONAL DISCRIMINATION
Disparate Treatment: Intentional discrimination against
employees or applicants who are members of a protected
class (e.g., African-Americans, females, disabled persons).
(3) she was rejected, demoted, or terminated by the
employer; and
(4) the employer subsequently filled the position with a
person not in a protected class.
plaintiff must plead and prove that the reason the employer
gave was a mere pretext to disguise discriminatory intent.
Ch. 11: Employment Discrimination and Diversity – No. 3
Clarkson et al.’s Business Law: Commercial Law for Accountants (1E)
Pool of Applicants Test: A plaintiff can establish
disparate impact by proving that the percentage of
protected-class employees in the employer’s workforce
does not reflect the percentage of qualified protected-
“Four–Fifths Rule”: The EEOC deems a
challenged practice or procedure to be
discriminatory if it results in members of a
protected class being hired, retained, or promoted
employer to justify its practices or policies.
Ch. 11: Employment Discrimination and Diversity – No. 4
Clarkson et al.’s Business Law: Commercial Law for Accountants (1E)
RACE, COLOR, NATIONAL ORIGIN,
employment conditions, or benefits is illegal.
Color or National Origin
Discriminating on the basis of color or national origin
or national origin with regard to employment
conditions or benefits is illegal.
Religion: Employers must reasonably accommodate their
employees’ religious beliefs, unless doing so would cause the
Ch. 11: Employment Discrimination and Diversity – No. 5
Clarkson et al.’s Business Law: Commercial Law for Accountants (1E)
GENDER DISCRIMINATION
Pregnancy: Employers must treat women who are pregnant,
have recently given birth, and/or have a medical condition
related to pregnancy or childbirth the same as any other
employee who is temporarily unable to perform some or all of
Paycheck Fairness Act: Employers may not use gender-
based differentials in assessing an employee’s education,
training, or experience.
Lilly Ledbetter Fair Pay Act: Each time an employer pays
Clarkson et al.’s Business Law: Commercial Law for Accountants (1E)
CONSTRUCTIVE DISCHARGE
Constructive Discharge occurs when an employer causes an
(1) intolerable working conditions,
(2) which the employer knew or had reason to know
existed but failed to correct within a reasonable
time, and
(3) in many cases, that the employer’s discriminatory
recover loss of income, including back pay, despite her
“voluntary” resignation.
Ch. 11: Employment Discrimination and Diversity – No. 7
Clarkson et al.’s Business Law: Commercial Law for Accountants (1E)
employment benefits if sexual favors are refused.
Language or conduct that is so sexually offensive that it
creates a hostile working environment.
Online Harassment: Sending sexually offensive e-mails and
viewing sexually explicit or offensive Internet sites on
workplace computers may create a hostile work environment.
material.