which best describes the evidence regarding detection of unfair treatment?

What evidence can be used to prove discrimination?

This evidence can be in the form of verbal comments or statements written in letters, memos, or notes. Circumstantial evidence can include anything other than direct statements from your employer that allow for the assumption of discrimination. The likelihood of obtaining direct evidence of discrimination is extremely slim.

How do you prove disparate impact or disparity of treatment?

To prove a disparate impact or disparate treatment claim, you must secure evidence that strengthens your claim of discrimination. If you believe you have been discriminated against in the California workplace, it’s important to document every event.

How can a court infer that discrimination occurred?

From the evidence, a court can infer that discrimination occurred. Evidence must show the discriminatory disparate impact resulted from a specific company practice or policy. An alternative effective employment policy or practice exists that would be non-discriminatory.

What is circumstantial evidence of discrimination?

A person claiming discrimination who does not have direct evidence of discrimination must produce enough circumstantial evidence of discrimination to allow a jury to find that the employer acted discriminatorily.

When assessing information about potential fraud risks, what should you consider?

When assessing information about potential fraud risks, consider the type, significance, likelihood and pervasiveness of the risk.

What do auditors use to look for fraud?

As an auditor, use your intuition, judgment and experience to look for patterns in the identified fraud risks. The new standard reminds you that failure to observe one of the elements of the triangle does not guarantee an absence of fraud.

Why is a fraud session more productive?

The session will be much more productive if all members have a similar level of understanding about the client, the nature of its business and its current financial performance. For auditors brainstorming about fraud matters, it may be beneficial to perform analytical, fact-based research before the session.

Is there a risk of material misstatement due to fraud?

SAS no. 99 states that you “should ordinarily” presume there is risk of material misstatement due to fraud relating to revenue recognition. If you do not identify improper revenue recognition as a risk of material misstatement due to fraud, you should document the reasons supporting this conclusion.

Do you have to educate management about fraud?

Several of these inquiries were not required under previous standards. Some inquiries are relatively straightforward, but others may require you to “educate” management about the characteristics of fraud, the nature of fraud risks and the types of programs and controls that will deter and detect fraud.

Is management override a fraud risk?

Always identify the risks of management override of controls as a fraud risk. Those who have studied fraudulent financial reporting have noted that risk of management override is unpredictable, and, therefore, it is difficult for auditors to design procedures to identify and assess it.

What is disparate treatment?

Disparate treatment is differences or inconsistencies in treatment based on prohibited factors that are not fully explained by relevant, non-discriminatory factors. Disparate treatment applies ...

What is overt discrimination?

Overt Discrimination. Overt discrimination is the easiest to understand and is what most people think about when they hear the word “discrimination. ”. Simply, it is obviously or blatantly providing or offering more favorable terms to one group versus another based solely on a prohibited factor, such as gender.

What is fair lending?

Fair lending laws and regulations are broad and cover every phase of the lending transaction. This includes the initial inquiry and loan application process through the servicing and ultimate settlement of the debt. Accordingly, there are nearly an infinite range of possible pressure points that a lender may need to evaluate in order to assess fair lending risk.

Is overt discrimination intentional?

However, overt does not necessarily mean deliberate as overt discrimination can be unintentional. For example, an institution may offer some type of loan product that has an age requirement that is inconsistent with the actual legal requirements resulting in discrimination based on age.

What are the purposes of punishing those who violate criminal law?

The purposes for punishing those who violate criminal law include: 1. Incapacitation prevents crime by removing the individual (s) from society. 2.

How does rehabilitation help prevent crime?

2. Rehabilitation attempts to prevent crime by removing/redirecting undesired behaviors. 3. Retribution tells us that if someone commits a crime, they will be punished. This instills a sort of fear in people that encourages them to not violate criminal law. 4.

What is the purpose of preliminary hearing?

The purpose of a preliminary hearing is to. determine whether probable cause exists.

What was the Quentin case?

Quentin was tried for robbery. The jury returned a verdict of not guilty, and the government has filed an appeal. In that appeal, the government alleges that the judge committed "substantial and harmful errors prejudicial to the government. These errors caused the government's case to fail before the jury.".

Is murder a heat of the moment crime?

Murder must include premeditation and deliberation. Manslaughter is more of a "heat of the moment" crime, with no premeditation or deliberation. Murder is defined as "the unlawful killing of a human being with malice aforethought". Manslaughter is typically a result of provocation, where malice is not aforethought.

What are the federal protections for discrimination?

There are federal protections that protect individuals from discrimination in the workplace. Your employer, or potential employer, has an obligation to prevent and address discrimination against employees. Multiple federal and state protections ensure that if discrimination occurs, victims may file a claim for this treatment.

What are the two forms of discrimination in the workplace?

There are two forms of discrimination in the workplace: disparate treatment and disparate impact. An experienced California employment discrimination attorney can aid in analyzing evidence and building a case for the discrimination you’ve experienced.

How to substantiate disparate impact claim?

You can substantiate a disparate impact claim by proving that a policy has negative consequences for a particular class. For instance, suppose a company institutes a hiring policy requiring a strength test. A female applicant fails the strength test and is subsequently eliminated from the hiring process.

What is the Fair Employment and Housing Act?

In California, the Fair Employment and Housing Act prohibits discrimination against a number of protected classes, including: Age (individuals over 40). California’s FEHA provides even more expansive protection for individuals against discrimination than federal laws.

What is an alternative effective employment policy?

An alternative effective employment policy or practice exists that would be non-discriminatory. There is a defense to a disparate impact claim: the employer must prove that a legitimate and non-discriminatory purpose exists for the contested policy or practice.

What is disparate treatment?

A disparate treatment claim argues that the individual suffered less favorable treatment than similarly situated individuals. The basis for the less favorable treatment may be due to the individual’s race, religion, sex, color, or national origin. In disparate treatment claims, the employer’s intent is the matter at issue.

How to prove termination due to discrimination?

Certain elements must exist to establish that an individual’s termination was due to discrimination. First, you must prove you are in a protected class. Second, you must show that you satisfied the expectations of your employer or that your employer set unfair standards for you compared to others.

What is direct evidence?

Direct evidence is the best way to show that you experienced discrimination. Direct evidence of discrimination includes statements by managers or supervisors that directly relate the adverse action taken against you to your protected class status.

How to prove a disparate impact case?

First, you must use circumstantial evidence to create an asumption that the employer's seemingly neutral policy, rule, or practice had a discriminatory effect on a protected class or category. Next, your employer then has the opportunity to show that the policy, rule or practice was a job-related business necessity. This means that the policy was necessary or fundamental to the functioning of the business. If your employer is able to show that the policy, rule, or practice was a business necessity, then you may still be successful with your claim if you are able to prove that your employer refused to adopt an alternative policy, rule, or practice with a less discriminatory effect.

What is circumstantial evidence?

Circumstantial Evidence (Indirect Evidence) Circumstantial evidence can include anything other than direct statements from your employer that allow for the assumption of discrimination. The likelihood of obtaining direct evidence of discrimination is extremely slim.

What is the McDonnell Douglas test?

According to the "McDonnell-Douglas Test," named for a famous Supreme Court decision, an employee must first make out at least a "prima facie case" to raise a presumption of discrimination. To make out a prima facie case of discrimination, an employee must be able to answer "yes" to the following four questions:

What is discrimination in the workplace?

Discrimination can be found when you are treated differently, or less favorably than other employees, for some reason. The Equal Employment Opportunity Commission (EEOC) protects specific classes of people, known as protected classes, from employment discrimination when it involves: unfair treatment; harassment; denial of a reasonable workplace change needed because of belief or disability; improper questions or disclosure of genetic or medical information; and retaliation for filing a complaint.

Is discrimination protected under federal law?

Not all types of discrimination are protected under the federal laws. The federal anti-discrimination laws only protect you if you fall into a protected class or category. The protected classes differ under the various federal laws and are summarized below.

Can you prove that the employer's stated reason is just a cover-up or pretext for discrimination?

You may be able to prove that the employer's stated reason is just a cover-up or pretext for discrimination if you can prove any of the following: The stated reason is factually untrue. The stated reason is insufficient to have actually motivated your discharge.

Overt Discrimination

Disparate Treatment

• Of the three types of discrimination, this is the most common and the most likely to be targeted in a fair lending review. Disparate treatment is differences or inconsistencies in treatment based on prohibited factors that are not fully explained by relevant, non-discriminatory factors. Disparate treatment applies to a wide range of issues such as ...

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Disparate Impact

Conclusion