What are three defenses available to the employer in employment discrimination cases?

There are four basic types of defenses to employment…
  • Business necessity.
  • Bona fide occupational qualification.
  • Seniority Systems.
  • After-acquired evidence of employee misconduct.

What is an employer’s best defense against Title VII?

1. For Title VII claims, the employer may defend by identifying failures in the plaintiff’s prima facie case, and by proving that the challenged practice is job-related and justified by business necessity.

What happens if you violate Title VII?

Employers who violate Title VII’s prohibition on sex discrimination can be ordered to pay back wages, attorney fees, damages for emotional distress, and punitive damages.

What remedies are available under Title VII of the Civil Rights Act?

Title VII of the Civil Rights Act of 1964

Depending on the facts of the case, a person who has experienced employment discrimination may be entitled to injunctive relief, front pay, back pay, and compensatory and punitive damages.

What two defenses are available to employers defending themselves against discrimination charges?

The correct answer is A) BFOQ and business necessity

Employers can use bona fide occupational qualifications and business necessity as defenses to…

What are the defenses to discrimination?

Defenses to discrimination claims vary depending on the law at issue. Generally, there is a defense if the employer had a legitimate non-discriminatory motive for the conduct. For instance, an employee may have been passed over for promotion because others were more qualified.

What are the five protected classes under Title VII?

The seventh amendment of the Civil Rights Act of 1964, Title VII, outlines five major protected classes: race, color, religion, sex and national origin. There are now also protections for physical or mental disability, reprisal and, most recently added, sexual orientation.

What are remedies for employment discrimination?

What are the remedies for discrimination?
  • Back Pay. An employee who is unlawfully discriminated against is entitled to receive back pay. …
  • Reinstatement and Front Pay. A court can also order an employer to give a wronged employee his job back—this is called reinstatement. …
  • Compensatory Damages. …
  • Punitive Damages.

What is the first procedural step to seeking a remedy under Title VII?

As a precondition to the filing of a Title VII action in court, the complaining party must first file a charge of discrimination with the EEOC.

What two things did Title VII of the Civil Rights Act prohibit?

Title VII prohibits employment discrimination based on race, color, religion, sex and national origin.

What three factors are commonly used to determine whether conduct is considered unlawful workplace harassment?

Harassment becomes unlawful where 1) enduring the offensive conduct becomes a condition of continued employment, or 2) the conduct is severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive.

What are employers not allowed to discriminate against?

Employers are not allowed to discriminate against applicants and employees based on race, color, religion, sex, nationality, disabilities, or age.

What are the 4 main types of discrimination?

There are 4 main types of discrimination under the Equality Act:
  • Direct discrimination.
  • Indirect discrimination.
  • Harassment.
  • Victimisation.

What are the 4 types of discrimination?

However, in the workplace, discrimination most frequently occurs as one of four major types.
  • Racial discrimination in the workplace. …
  • Sex and gender discrimination in the workplace. …
  • Age discrimination in the workplace. …
  • Disability discrimination in the workplace.

What policies protect employees from discrimination?

Workplace discrimination legislation (the Equality Act 2010) protects employees with ‘protected characteristics’ from unfair treatment. Protected characteristics include sex, marital status, gender reassignment, pregnancy, maternity, race, disability, sexual orientation, religion or belief, and age.

What is illegal for employers to do?

An employer may not take into account a person’s race, color, religion, sex (including gender identity, sexual orientation, and pregnancy), national origin, age (40 or older), disability or genetic information when making decisions about discipline or discharge.

What your employer can and Cannot do?

Tasks your boss cannot legally ask you to do without paying you for them include: Any sort of prep work, including paperwork, research, or even preparing dinner before a night shift. Skill training during non-work hours. Cleaning and organizing your workplace after your shift ends.

What are the responsibilities of the employer under the Equality Act?

The Equality Act 2010 protects you against discrimination in the workplace at all stages of employment. This includes recruitment, employment terms and conditions, training, pay and benefits, promotion and transfer opportunities, dismissal or redundancy.

What are the responsibilities of the employee under the Equality Act?

Employees’ Duties

Employees have a duty not to discriminate against any of their colleagues because of any of the protected characteristics. Employees who nevertheless perpetrate acts of discrimination may be ordered by an employment tribunal personally to pay compensation to their victims.

What are the three main purposes of the Equality Act?

We welcome our general duty under the Equality Act 2010 to have due regard to the need to eliminate discrimination; to advance equality of opportunity; and to foster good relations.