Disparate Treatment Case Study

As noted in the EEOC tutorial (located in this week’s lecture), candidates for the Director of HR position of the newly merged company. ZAB, are being asked to prepare a presentation about Title VII, as it pertain specifically to disparate impact and disparate treatment policies that should be implemented to avoid liability for potential Title Vii violation. Do research to prepare for your presentation, and write a brief set of answers to the following questions:
The difference between a disparate impact and a disparate treatment claim;
Disparate Treatment: Also known as differential treatment, disparate treatment claims are ones in which the plaintiff alleges he or she is the victim of intentional discrimination on the part of the employer. To be considered a victim of intentional discrimination, the complaining employee must show he or she is treated less favorably because of a
statutorily protected characteristic such as age, sex, race or other prohibited discriminatory factor, and that the differential treatment is the result of a discriminatory motive or intent.
Disparate impact claims involve employment practices that are facially neutral in their treatment of different groups but in fact fall more harshly on one group than another.
Unlike disparate treatment claims, disparate impact claims do not involve intentional discrimination, i.e., the plaintiff is not required to prove that he or she is the victim of discriminatory motive or discriminatory intent. www.employmentlaw.com The complaint procedure for a disparate impact and a disparate treatment claim as it pertains to the EEOC;
The person needs to contact their local EEOC field office to file their charge of discrimination. The EEOC will contact the employer and investigate. The employee and employer will be given the change to resolve the matter via mediation. If the matter is not resolved via mediation, the EEOC will either dismiss the complaint as being unsubstantiated, the EEOC will sue the employer, or the EEOC will issue a notice of right to sue letter to the employee and the employee will have 90 days to file a private lawsuit.
www.employment-complaint-procedure.eeoc.html.

The defense available to the company should a disparate impact claim and/or a disparate treatment plan be lodged against ZAB.
Bona fide occupational qualification (BFOQ) according to U.S.laws: Requirement that an employee be a certain religion, sex, or national origin where that is reasonably necessary to the organization’s normal operation, Specified by the Civil Rights Act.

http://www.citeman.com-bona-fide-occupational-qualification-bfog.html

Suggestions for avoiding potential EEOC claims and complaints
Carefully documented procedure especially for termination such as employee’s privacy act, reason for termination, review termination be senior management. Train all managers for discrimination laws, Create atmosphere of open communication; and be consistent
http://www.eeoc.gov.eeoc.index.cfm