Ch. 16 - Employment Discrimination Flashcards
(20 cards)
Title VII of Civil Rights Act of 1964
Prohibits discrimination based on race, color, sex, national origin, religion, & gender
Age Discrimination in Employment Act (ADEA)
Protects workers 40+ years old who were replaced by workers under 40
Americans with Disabilities Act
Protects individuals with physical/mental impairments. Requires reasonable accommodations unless undue hardship.
Uniformed Serviced Employment & Reemployment Act (USERRA)
Protects military service members in the workplace. Can return to job after deployment. And no discrimination based on military
Disparate Treatment
Intentional discrimination.
Like the woman from the movie clip, or not hiring a woman because she’s pregnant.
Disparate Impact
Unintentional discrimination.
Proven by statistics. Even if there is no bad intent, a policy can lead to discrimination
Constructive Discharge
When an employee quits because the employer made the working conditions so intolerable that any reasonable person would quit, too
Equal Employment Opportunity Commission (EEOC)
Governs employment discrimination
Equal Pay Act
For the SAME job, men and women must be paid the same
Business Necessity employer defense
Practice is essential for the job’s performance.
Used in disparate IMPACT claims. Like requiring pilots to pass a vision test
Bona Fide Occupational Qualification employer defense
Trait is necessary. Gender okay, but not race.
Used is disparate TREATMENT claims. Like builders having to lift 100+ lbs to get hired. Or women’s store requiring women dressing room attendents
Seniority System employer defense
Benefits & promotions are ok if based on length of service
After-Acquired Evidence employer defense
Discovered misconduct after an employee sues for discrimination counts in court.
Like finding out the employee stole company property after you already fired them and they sued for discrimination
Religious discrimination
Must accommodate unless undue hardship
Pregnancy discrimination
Treated as a temporary disability. Must be accommodated
Sexual Harassment
Either “quid pro quo” or hostile work environment
Quid Pro Quo
“You sleep with me, you’ll get the job”
Hostile Work Environment
More indirect. Like the movie scene from class
Retaliation
Illegal to punish employee for asserting Title VII rights, unless they fully made it up
Affirmative Action
Legal if temporary & remedies past discrimination
