As readers of this blog are likely well aware, Title VII prohibits discrimination based on race, color, national origin, religion, disability, and sex, (and sex-related issues, like pregnancy.) Although evidence of discrimination is helpful for plaintiffs to prove their case, it is not necessary to show illegal discrimination – that is, liability for discrimination can be shown without any discriminatory intent by the defendant.
Many employers believe themselves to be fair-minded people with no discriminatory state of mind, so they naturally tend to believe they are Title VII compliant. This is not necessarily so. Employers often discriminate with no knowledge they are doing so.
For example, job status is not a protected class under Title VII, so if employers consider employing those unemployed persons who are younger, but not the older unemployed, (defined by Title VII as those over forty,) they would be treating people differently based on age. This is true even if the employer was not conscious of the fact that it failed to consider the older person. This would be an example of unlawful age discrimination.
Likewise, if an employer considered men who were unemployed for a significant period of time, but not women, this would amount to unlawful gender discrimination.
Theses examples illustrate what often happens within an employment context. Employers may make otherwise legal hiring distinctions, and in the process inadvertently violate Title VII, despite no attempt to discriminate against a protected class.
Photo credit: Microsoft
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