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Orlando,
Florida Gender Discrimination Lawyer / Attorney
Title VII and the Florida Civil Rights Act
prohibit sex discrimination in employment.
Terms or Conditions of Employment
Sex discrimination is treating an employee or
employees differently because of their gender.
Whenever this discrimination affects the "terms
or conditions of employment", it is illegal.
"Terms or conditions of employment" means just
about anything relating to someone's job: their
position, pay, title, hours, vacations, etc.
Whether or not a person is hired is also
considered a term or condition of employment.
There are two types of sex discrimination: "Disparate
Treatmentt" and "Disparate Impact."
Disparate Treatment
Disparate treatment is straightforward
discrimination. Simply put, it is treating a
person differently because of his or her sex.
Disparate Impact
Disparate impact discrimination is more
complicated. "Disparate impact" is where some
type of company policy excluded certain
individuals from the job or from promotions. The
policy wasn't designed to exclude them; that was
just the unfortunate result.
One example arose often in fire departments.
These agencies had various strength require-ments
for job applicants. Women were frequently unable
to meet these requirements. In some instances,
the requirements were absolutely necessary to
ensure the firefighters were quali-fied. But in
many instances, the requirements were simply too
high and unnecessary. Qualified women were
therefore being excluded unnecessarily. This
does not mean the fire departments were
necessarily trying to exclude women. That was
just the result of their policy; it had a
disparate impact upon women. Because the policy
wasn't sufficiently job-related (too much
strength was required) there was discrimination. |