Definition: A plus factor is a specific piece of information that serves as evidence to demonstrate that a particular legal requirement has been fulfiled.
A plus factor refers to a piece of evidence that bolsters the assertion that a specific legal test has been satisfied. For instance, in a discrimination case, a plus factor could be the presence of derogatory comments made by the employer regarding the employee’s race or gender. This evidence serves to reinforce the conclusion that the employer’s actions were driven by discriminatory intent. Essentially, a plus factor contributes to strengthening a legal argument. In the given example, the derogatory comments made by the employer provide additional support for the claim of discrimination. When combined with other factors, this evidence can help establish that the employer’s actions were indeed motivated by discriminatory intent.
A Plus Factor is a characteristic or trait that is considered favorable by an employer, but is not necessary for the job. It can be used as evidence of discrimination if it is consistently present in the hiring or promotion of one group over another.
No, a Plus Factor is only relevant in cases of discrimination based on protected characteristics such as race, gender, age, or disability.
You can provide evidence such as job postings, interview notes, or witness testimony that shows the Plus Factor was consistently present in the hiring or promotion of one group over another.
Yes, if the Plus Factor is necessary for the job and is job-related, an employer can use it as a hiring or promotion criterion.
No, if the Plus Factor is not necessary for the job and is not job-related, an employer cannot use it as a hiring or promotion criterion.
No, an employer cannot use a Plus Factor to justify discrimination. Discrimination is illegal regardless of the presence or absence of a Plus Factor.
Yes, a Plus Factor can be used as evidence of discrimination in a disparate impact case if it is consistently present in the hiring or promotion of one group over another.
Yes, a Plus Factor can be used as evidence of discrimination in a disparate treatment case if it is consistently present in the hiring or promotion of one group over another.
No, a Plus Factor is not relevant in a retaliation case unless it is used as evidence of discrimination that led to the retaliation.
No, a Plus Factor is not relevant in a harassment case unless it is used as evidence of discrimination that led to the harassment.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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