page 2 (chapter 2) Flashcards
what is direct discriminiation
basically is intentional and is refusing to hire, train or promote someone on the basis of a protected characteristic
what is indirect discrimination
basically is unintentional discrimination and is a seemingly neutral policy but has a negative effect on someone
what is the bona fide occupational requirements
justifiable reason for discrimination based on necessity or can be clearly defined as interictally required by the tasks an employee is expected to preform
what does the melorin test show
it is used to asess if discrimination qualifies
what are the 3 points
rational connection
good faith
reasonable necessity
what is rational connection
characteristic connected to successful performance
what is good faith
when they believed it was necessary (are you working in good faith)
what is reasonable necessity
was it impossible to accommodate without imposing undue hardship on the employer (was it too financially taxing, was it too unsafe)
what is undue hardship
point to which employers are expected to accommodate employees, but beyond it may be to financially taxing or is risky and unsafe
what is the duty to accommodate mean
an employer is required to adjust policies and remove barriers to demonstrate maximum effort in accommodating
what is harassment
unwelcome behavior that demeans, humiliates or embarrasses a person that a reasonable person should have known would be unwelcome
who is responsible if harassment occurs
employer
what is sexual coercion
sexual harassment after being pressured in non physical ways
what is sexual annoyance
offensive sexual conduct (is unwanted sexual harassment that keeps happening)
does sexual annoyance have a direct link to tangible job losses
no direct link
