T2: EEO - Types of Discrimination (Reasonable Accommodation (121) (Must…
T2: EEO - Types of Discrimination
Reasonable Accommodation (121)
Example - Providing specific office furniture for an employee with a disability.
Example - Altering a dress code to accommodate religious requirements
Employee must make 'reasonable accommodation' but not necessarily exactly what the employee requested.
Employee made a request to accommodate
Adverse effects were experience by the employee as a result
Employee failed to accommodate
When an employer fails to reasonably accommodate the needs of an employee on the basis of disability or religion
Disparate Impact (117) (NZ - Indirect discrimination)
Application rules (118)
Standard deviation rule - work out what the hiring rates are expected to be, and the standard deviation for chance and then compare to actual hiring rates
Four-fifths rule (results of minority should be at least 80% of results of majority)
When a seemingly neutral employment practice results in disproportionately reduced outcomes for a protected group
Example - A pre-employment test in English that results in poor outcomes for ESOL speakers.
No intent required, statistical outcomes are key
Disparate Treatment (114)
Position remained open or filled by someone with similar qualitfications
Plaintiff from a protected group
Was rejected, despite being qualified
Applied and was qualified for position
Example - Not offering a position to a mother of school-age children because she will be unreliable, but offering a job to a father of school-age children.
Different treatments based on race, colour, religion, sex, national origin, age or disability.