Chapter 16 Flashcards

1
Q

Push toward civil rights in employment law began with select, key laws:

A

(1) The Equal Pay Act of 1963

(2) Title VII of the 1964 Civil Rights Act

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2
Q

Illegal to pay men & women employees different wages when their jobs require equal skill, effort, responsibility, and the same working conditions.

A

The Equal Pay Act of 1963

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3
Q

Cornerstone of federal employment discrimination law.

i. Prohibits discrimination and retaliation based on: Race, Color, Religion, Sex and National origin.
ii. Applies to employers of 15 or more persons.

A

Title VII of the 1964 Civil Rights Act

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4
Q

Protected Classes under Title VII:

A

(1) Race
(2) Color
(3) National Origin
(4) Religion
(5) Sex

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5
Q

Discrimination based on the following races: African American, White, American Indian or Alaskan Native, Native Hawaiian, Asian, Hispanic, or Latino.

A

Race

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6
Q

Discrimination based on shade of skin color.

A

Color

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7
Q

Discrimination based on the country where a person or their ancestors are from.

A

National Origin

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8
Q

Discrimination against religion observances and practice (includes atheism).

A

Religion

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9
Q

Discrimination on the basis of whether a person is male or female.
i. Individual states may add to this list, and include classes of discrimination based on items such as height or weight

A

Sex

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10
Q

Within the work-place, job criteria must be applied equally to members of all races.

A

Race-Based Discrimination

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11
Q

Can’t give members of one protected class preferential treatment over another protected class.

A

Reverse Discrimination (illegal)

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12
Q

True or False: If select races or women are underrepresented in a particular job category, it is legal for the employer to seek more qualified candidates of those races, or women, to increase participation in that job category.

A

True - Race-Based Discrimination

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13
Q

Includes all aspects of religious observances and practice.

A

Religious Discrimination

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14
Q

Religious Discrimination must:

A

Provide reasonable accommodation for employees’ religious practices.

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15
Q

Employer may discriminate religiously if:

A

Accommodation imposes undue hardship on the business.

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16
Q

Equal Employment Opportunity Commission (EEOC) offers guidance for office holiday decorating:

A

i. Each December, the president of XYZ corporation directs that several wreaths be placed around the office building and a tree be displayed in the lobby. Several employees complained that to accommodate their non-Christian religious beliefs, the employer should take down the wreaths and tree, or alternatively should add holiday decorations associated with other religions.
ii. EEOC Response: XYZ corporation does not need to remove the wreaths and tree or add holiday decorations associated with other religions. The U.S. Supreme Court has held that wreaths and Christmas trees are ‘secular’ symbols, akin to items such as lights, Santa Claus, and reindeer, and thus government display of these items does not violate the First Amendment.