Ch 1: Equal Opportunity Laws

Question 1

EEO Key Principles a) Disparate treatment

Answer 1

Occurs when an employer treats an employee or applicant differently than a similar applicant or employee because they are a member of any class protected by the law.

Question 2

The most prevalent type of alleged discrimination a staffing firm is likely to encounter.

Answer 2

Disparate Treatment

Question 3

EEO Key Principles b) Disparate Impact

Answer 3

An employer may not use an employment practice (e.g., a pre-employment aptitude test) that, even though neutral on its face and applied to all applicants or employees, disproportionately excludes members of a protected category.

Question 4

EEO Key Principles c) Retaliation

Answer 4

It’s unlawful for an employer to retaliate (e.g., fire, demote, transfer to less attractive duties) against an employee, a former employee, or an applicant because that individual has engaged in protective activity, such as (a) opposing discriminatory practices by the employer; or (b) filing charges, testifying, assisting, or participating in any proceeding, investigation, or hearing concerning prohibited discriminatory practices.

Question 5

EEO Key Principles d) Harassment

Answer 5

It is unlawful for employers to harass or condone harassment of applicants or employees on the basis of sex, race, age, religion, national origin, disability, or other protected class status.

Question 6

Racial Harrassment

Answer 6

It is unlawful for members of management to address employees in racial derogatory terms or tolerate racial or ethnic jokes or slurs by co-workers.

Question 7

National Origin Harassment

Answer 7

Derogatory epithets are illegal if made by management and occur with relative frequency.

Question 8

Sexual Harassment

Answer 8

Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature directed at an employee.

Question 9

Claims alleging sexual harassment

Answer 9

Quid Pro Quo Harassment

Hostile or Offensive Working Environment

Question 10

Quid Pro Quo Harassment

Answer 10

This type of harassment always involves a supervisory-level employee and a subordinate.
An employee either suffers job detriment or benefit due to sexual harassment conduct

Question 11

Hostile or Offensive Working Environment

Answer 11

Employer creates or allows a sexually discriminatory or abusive work environment to exist. Can arise from the action of managers, supervisors, or co-workers.

Question 12

Liability for Harassment

Answer 12

A staffing firm may be liable for 1) the acts of its supervisors and managers 2) the acts of one employee to another 3) the acts of a client, its employees, or both, particularly if the staffing firm knows or reasonably should know and fails to take prompt action to remedy it and/or insist that the client do so.

Question 13

Preventive Measures

Answer 13

Establishing and enforcing a carefully drafted policy against harassment. Critically important to develop, disseminate, and enforce anti-harassment policies and complaint procedures.

Question 14

Proceeding After Investigation

Answer 14

Prompt remedial action reasonably calculated to end the harassment is required:
1) discipline of the harasser up to and including termination of employment 2) counseling of the harasser, sending to training 3) remedying any loss of employment or tangible job benefit denied to the victim; and/or 4) reassigning the harasser to avoid reoccurrence or retaliation.

Question 15

Remedies for Sexual Harassment Claims

Answer 15

A: quid pro quo sexual harassment cases the aggrieved is entitled to back pay with interest, reinstatement or advancement to the position unlawfully denied, attorney fees and costs.
B: victims of any form of sexual harassment may sue to recover compensatory and punitive damages.

Question 16

EEO Key Factor E. Mixed Motive Cases

Answer 16

When a complaining party demonstrates that unlawful discrimination was “a motivating favor” underlying a particular employment decision, the decision remains unlawful even if other, non discriminatory factors also motivated the decision.