Defenses Against Discrimination Allegations
Learning Objective 2
Explain the basic defenses against discrimination allegations.
To understand how employers defend themselves against employment discrimination claims, we should first review some basic legal terminology.
Discrimination law distinguishes between disparate treatment and disparate impact. Disparate treatment means intentional discrimination. It “requires no more than a finding that women (or protected minority group members)” were intentionally treated differently because they were members of a particular race, religion, gender, or ethnic group. 91 Having a rule that says “we do not hire bus drivers over 60 years of age” exemplifies this. 92
Disparate impact means that “an employer ...
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