Simple English definitions for legal terms
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Systematic violation: When an employer has a rule or way of doing things that treats an employee unfairly because of their race, gender, or other protected characteristic. This kind of discrimination is ongoing and can be challenged even if it has been happening for a long time. As long as the discrimination is still happening within a certain time frame, the employee can make a legal claim against their employer. This is different from serial violation, which is when an employer commits multiple separate acts of discrimination.
Systematic violation is a term used in civil-rights law to describe an employer's policy or procedure that discriminates against an employee. This means that the policy or procedure is unfair and treats certain employees differently based on their race, gender, religion, or other protected characteristic.
For example, if an employer has a policy of only hiring men for certain positions, this would be considered a systematic violation of civil rights laws that protect against gender discrimination. Similarly, if an employer has a policy of only promoting employees of a certain race, this would be a systematic violation of civil rights laws that protect against racial discrimination.
It's important to note that a systematic violation is considered a continuing violation, which means that an employee's claim of unlawful discrimination will not be barred as untimely as long as some discriminatory effect of the policy or procedure occurs within the limitations period. For example, if an employee experiences discrimination within the past 300 days for a Title VII claim, their claim will not be considered untimely.
Overall, systematic violation is a serious issue that can have a significant impact on employees' lives and careers. It's important for employers to be aware of their legal obligations and to take steps to ensure that their policies and procedures are fair and non-discriminatory.