Basic Discrimination Scenarios

In this chapter, the authors introduce fundamental discrimination scenarios. These include disparate treatment, pattern or practice scenarios, class action suits, adverse impact, and situations involving mixed motives. As the authors outline, these scenarios consist of the presentation of evidence using a three-step burden-shifting process—beginning with evidence presented by plaintiffs, followed by the defense, and then back to plaintiffs. Another section in the chapter describes how statistics are used to provide evidence of discrimination under the adverse impact scenario. In addition, the authors provide some possible options to help avoid adverse impact. Further, the chapter discusses the vital role that performing a systematic job analysis can have in justifying personnel decisions, thus helping defend against allegations of employment discrimination. A list of best practices/recommendations is included at the end of the chapter.