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