LAW 310 Lecture Notes - Lecture 12: Civil Rights Act Of 1964, Disparate Impact, Duke Energy
Document Summary
Disparate treatment: employee is treated differently from others due to race, color, religion, gender or national origin: intentional discrimination in terms/conditions of employment, employer intentionally treats employees/applicants differently. Bona fide occupational qualifications (bfoqs): exception that allows employer to hire employees of specific gender, religion, or national origin when business requires it. Business necessity: safe & efficient performance of business/performance of particular job requires employees be of particular sex, religion, or national origin. Disparate impact: discriminatory effect of apparently neutral employment criteria: discriminatory effect of apparently neutral employment criteria/selection devices, doesn"t require intention to discriminate on employer"s part, employment criteria/selection device disproportionally disqualifies employees, section 703(k) & disparate impact claims: Facts: duke power company, electrical utility company, operating in north carolina, willie griggs. Joined a group of other african-american employees: brought suit against duke power. Alleged that hs diploma requirement & aptitude test requirements violated title vii.
