Discrimination

Definition

Discrimination refers to the unjust or prejudicial treatment of different categories of people, especially on the grounds of race, age, sex, or disability. It involves denying individuals or groups equal rights, opportunities, or access based on their membership in a particular group or category.

5 Must Know Facts For Your Next Test

1. The Civil Rights Act of 1964 prohibits employment discrimination based on race, color, religion, sex, and national origin.
2. The Age Discrimination in Employment Act (ADEA) protects individuals aged 40 and older from age-based discrimination in the workplace.
3. The Americans with Disabilities Act (ADA) prohibits discrimination against qualified individuals with disabilities in all aspects of employment.
4. Employers are required to provide reasonable accommodations to qualified individuals with disabilities, unless doing so would cause undue hardship.
5. Retaliation against an employee for reporting or opposing discrimination is also considered a form of unlawful discrimination.

Review Questions

• Explain the difference between disparate treatment and disparate impact discrimination in the context of employment.
  • Disparate treatment discrimination involves intentionally treating an individual or group less favorably than others based on a protected characteristic, such as race or sex. In contrast, disparate impact discrimination occurs when an employer's neutral policy or practice has a disproportionately adverse effect on a protected group, even if the discrimination was unintentional. Both forms of discrimination are prohibited under federal employment laws, and employers must be mindful of avoiding both types of discriminatory practices in their hiring, promotion, and other employment decisions.
• Describe the employer's obligations under the Americans with Disabilities Act (ADA) regarding reasonable accommodations for qualified individuals with disabilities.
  • The ADA requires employers to provide reasonable accommodations to qualified individuals with disabilities, unless doing so would cause undue hardship. Reasonable accommodations may include modifications to the work environment, job duties, or work schedules to enable a qualified individual with a disability to perform the essential functions of their job. Employers must engage in an interactive process with the employee to determine the appropriate accommodation, and they cannot refuse to provide a reasonable accommodation unless it would pose a significant difficulty or expense. Failure to provide a reasonable accommodation can be considered a form of unlawful discrimination under the ADA.
• Analyze how the concept of discrimination relates to the principle of equal opportunity in employment, and discuss the potential consequences of discriminatory practices in the workplace.
  • The principle of equal opportunity in employment is fundamentally at odds with discriminatory practices, as discrimination denies individuals fair and equal access to employment opportunities based on their membership in a protected group. Discrimination can lead to the exclusion or marginalization of qualified individuals, resulting in a loss of talent and diversity in the workforce. It can also foster a hostile work environment, reduce employee morale and productivity, and expose employers to legal liability and reputational damage. Upholding the principles of equal opportunity and non-discrimination is essential for creating a fair, inclusive, and meritocratic employment system that benefits both employers and employees.

Related terms

Disparate Treatment: A form of intentional discrimination where an individual or group is treated differently and less favorably than others because of their race, color, religion, sex, or national origin.

Disparate Impact:

A form of unintentional discrimination where an employer's seemingly neutral policy or practice disproportionately affects a protected group, even if the discrimination was not intentional.

Protected Characteristics:

Attributes or personal characteristics that are protected by law from discrimination, such as race, color, religion, sex, national origin, age, disability, and genetic information.