Identify how discrimination that occurs intentionally differs from discrimination that occurs unintentionally.
Question 1:
When employers discriminate against applicants or employees they do so in two general ways: 1) intentionally, or through “adverse treatment,” or 2) unintentionally, or through “adverse impact.” Research these terms and, in your own words, identify how discrimination that occurs intentionally differs from discrimination that occurs unintentionally. Give an example each.
Question 2:
Sometimes, it is permissible for employers to intentionally favor a protected classification over all other protected classifications because the favored protected classification is the only one that can perform the job. The employer intentionally discriminates against all other protected classifications. This amounts to legal discrimination! For example, if an employer needed to hire a surrogate mother…then the employer would naturally need a woman for the job, since a man could never be a surrogate mother. Likewise, if an employer wanted to hire a sperm donor, it would be required to hire a man, since a woman could never perform that job. When an employer intentionally discriminates, it argues that the favored protected classification is a “BFOQ.” Research that term and in your own words describe how an employer may argue that it is necessary to discrimination based on the other protected classifications identified in Title VII, such as religion. Please note: it is possible to successfully argue that a BFOQ is necessary for every protected classification except one. In your paper, identify the protected classification that can never be the basis for a BFOQ.
Question 3:
Much discrimination is based upon “stereotypes.” Research what this means and in your own words describe various stereotypes that commonly lead to discrimination in the workplace. What should an employer to do ensure that stereotypes do not influence decision making?
Answer preview Identify how discrimination that occurs intentionally differs from discrimination that occurs unintentionally.
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