Preventing Discrimination with Business Necessity
Business necessity is an employer's defense of an employment related decision that is based on the requirements of the business and is consistent with other such decisions. To establish business necessity an employer must prove that the practice is job related and consistent with business necessity. It is unlawful to discriminate against an employee because of race in any aspect of the job, hiring, training, promotion, firing, benefits, and privileges. Employment discrimination is when an employer singles out an employee or applicant based on their age, sex, race, or disability. Title VII of the Civil Rights Act protects individuals against employment discrimination because of race, color, origin, gender, or religion. It has the intent to ensure that all employees and potential employees are presented with the same opportunities. Racism and any other form of employment discrimination is unlawful. Employment decisions based on stereotypes and assumptions about abilities or performance are also prohibited. Title VII of the Civil Rights Act includes all aspects of the business. Asking about a potential employee's race may be discrimination. However, if the employer is asking about race to track applicant flow or for affirmative action purposes then this is not considered racism. The employer should use separate forms to ensure that the information gathered does not affect the decision-making process. Work assignments, pay, training, benefits, and any other aspect of the job should not be in any way based on color or race, as this would be considered racism or employment discrimination. Employment discrimination also includes harassment of any sort based on an individual's race or color. Harassment includes any racial jokes, derogatory comments, offensive comments, and any other verbal or physical conduct that is based on an employee's race. This is considered unlawful, as well as creating a hostile or intimidating environment, and interferes with this individual's job performance. Racism also includes segregation or classification of an employee based on their race or color. Title VII prohibits that job assignments or positions be based on race. If an individual that is a minority in the workplace is assigned a position simply because of his or her race and the assumption that is made is that this position suits them only because of their race, then this is considered racism. It is also unlawful to categorize employees together based on their race or to assign employees to an establishment or location based on their race. It is important that employers hire employees based on their qualifications rather than their race to avoid discrimination. This is also true in all aspects of the job. Employees should be assigned to tasks based on their skills and abilities to perform that task, as well as get promotions or demotions solely based on their job performance instead of race, gender, origin, religion, or disability. Employers should treat all employees equally and provide equal opportunities for all employees to ensure that they are not charged with discrimination.
