Ch 20 Class Notes

Question 0

Disparate treatment

Answer 0

Blatant intentional discrimination

Ex. McDonald Douglas Case (hiring)

Question 1

4 protected classes under the civil rights act?

Answer 1

1 race and color
2 religion
3 national origin
4 sex

Question 2

McDonald Douglas Case (hiring): proving prima facie case shifts burdens of proof to…

Answer 2

Employer to prove legitimate reason for rejecting applicant

Question 3

Disparate impact

Answer 3

Job qualification (though neutral on it's face) bears no
Relationship to job performance

But impacts protected class disproportionately

Question 4

4 requirements for plaintiff to establish prima facie case

Answer 4

1 he is in protected class
2 qualified for position
3 subject to adverse employment action
4 some evidence of dissimilar treatment

Question 5

Duke power had policy where African americans in labor department could not be promoted. After civil rights act passed they allowed promotions outside the labor department only if individuals passed an intelligence test and held a diploma. What did the supreme court rule?

Answer 5

Extra requirements are only acceptable if related to job

function

Question 6

4 groups that have exemptions from title 7 discrimination

Answer 6

1 Indian tribe
2 churches and religious universities
3 US citizens working for non US companies abroad
4 non US citizens working abroad

Question 7

Validity testing

Answer 7

Scientifically testing screening measures to make sure no

Discrimination

Question 8

At will employments state

Answer 8

Employer can higher or fire for certain reason

Question 9

BFOQ: playboy bunnies vs. hooters

Answer 9

Playboy bunnies: court accepted that it was BFOQ
Because entertainment for business purpose

Hooters: engages in discriminatory practice because
Business is to serve food

Question 10

Before an attorney files a claim with the EEOC for
Discrimination by employer against employee for their
National origin, the attorney must first know…

Answer 10

The incident that occurred

Question 11

Enforcement procedures for discrimination 4

Answer 11

1 file claim with EEOC
2 EEOC investigates and resolves or dismisses claim
3 right to sue letter issued
4 file complain in court

Question 12

Pregnancy discrimination act 1978

Answer 12

Can’t terminate someone because their pregnant

Question 13

In discrimination cases, what percent of the time is probable cause found?

Answer 13

2-3% of the time

Question 14

If a Chinese owner of the restaurant tells the manager to remove the white server from the list and fire her because she isn’t chinese, what should the manager do?

Answer 14

Refuse to remove her

Question 15

Quid pro quo

Answer 15

Employment benefits for sex

Question 16

Hostile work environment

Answer 16

Unwelcome sexual conduct that interferes with employee’s
Work performance

Limited claim almost solely sexual

Question 17

Employer’s preventative steps against hostile work environment 4

Answer 17

1 policies and training
2 interview offender and victim to find out story
3 have reporting policy
4 employee being harassed must take action

Question 18

Compensatory damages,

2) when filed under state what does this do?

Answer 18

For pain and emotional distress

When filed under state avoids federal cap of $300,000

Question 19

Protected characteristics 5

Answer 19

Age, race, religion, gender, national origin

Question 20

Plurality decision

Answer 20

When judges don’t all agree on reason for decision

Loses precedental value

Question 21

Seniority system

Answer 21

Criticized because people not judged on their merit

But how long they’ve been with the company

Question 22

2 ways employers can fight age discrimination

Answer 22

1 replace former employee with someone within 5 years of
Their age

2 cut employee’s salary instead of firing them

Question 23

Pretext

Answer 23

Adverse employment action

harassment

Question 24

Difference btw religious and disability discrimination

Answer 24

Different because of accommodation involved

Question 25

Disability

Answer 25

Significant limitation to perform major life activities
Including any bodily or mental function

Ex. Cancer, burn victim, amputee, slow reader

Question 26

Disability discrimination case

Answer 26

Employer must try to provide accommodations

Ex. Cancer accommodation = unpaid leave of absence

Question 27

Employers defense against providing accommodations for

Disabilities? 4

Answer 27

1 undue hardship
2 direct threat (yourself or others)
3 lack of qualifications
4 current drug user

Question 28

Undue hardship

Answer 28

Action requiring significant difficulty and expense

Question 29

Employer must have justification for…

Answer 29

Looking into privacy of employees

Question 30

Ortega joined a church that forbids working Saturday, Sunday or Monday. Ortega requests employer change schedule from 8 hour days Monday through Friday to 10 hours days Tuesday through Friday. Ortega’s request was refused because…

Answer 30

Too unreasonable to accommodate

Question 31

Company requires that all male employees wear their hair off the collar. Does this policies violate title VII

Answer 31

No as long as grooming code doesn’t violate gender discrimination

Question 32

1981’s advantage over title VII, restriction?

Answer 32

No cap on damages and can file w/in 4 years compared
To 180 to 300 days under title VII to file with EEOC

Restricted only for race

Question 33

Discrimination: discriminatory business decisions based on Customer preferences

Answer 33

Customer preferences don’t matter, they justify discrimination
Preferences