Key Terms
LIMITATION
Career interruptions (e.g., leaving the workforce to raise children) create comparison challenges — courts must weigh ex
APPLIES TO
Employers with FIFTEEN OR MORE employees.
Race discrimination
Treating someone unfavorably because of their race or characteristics associated with race (hair texture, skin color, fa
Color discrimination
Treating someone unfavorably because of skin color or complexion — distinct from race.
EMPLOYER OBLIGATION
Must reasonably accommodate religious beliefs or practices unless doing so causes undue hardship to business operations.
Common accommodations
Flexible scheduling for sabbath or religious holidays, allowing religious dress (e.g., a hijab) unless it creates undue
EXCEPTION
Employees cannot be required to participate in religious activities as a condition of employment — unless the employer i
FAMILY RESPONSIBILITY DISCRIMINATION
Assuming a woman with children is less committed or less qualified is illegal. Same standards must apply to men.
HIRING RULE
Employers may ask if an applicant is authorized to work in the U.S. They CANNOT ask for proof of authorization until aft
Definition
Any change or adjustment to the work environment that enables a disabled worker to perform essential functions or enjoy
Proof challenge
Defendants rarely state discriminatory intent openly; intent is inferred from conduct.
Example
A manager refuses to hire women because he does not want to deal with maternity leave.
Common policy triggers
Educational requirements, written tests, aptitude tests, height/weight requirements, credit checks, interviews.
Employer defense
Show the policy is directly related to and necessary for the job function.
Tactics
Name-calling, slurs, threats, undesirable assignments.