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Flashcards in Ch 20 Deck (29)

Bona fide occupational qualifications (VFOQs)

Employers can discriminate on basis of religion, sex or
National origin when attributes are necessary for normal
Business operations


4 types of employer action where discrimination is prohibited

1 discharge
2 refusal to hire
3 compensation
4 terms, conditions or privileges of employment


What does Title VII of Civil Rights Act 1964 apply to?

Employers with 15 or more employees, labor unions
Or certain other employers


What is the major purpose of the Title VII of Civil Rights Act 1964?

What agency enforces this law?

Eliminate job discrimination based on race, color, religion,
Sex or national origin

Equal Employment Opportunity Commission (EEOC)


How many members is the EEOC composed of?

5 members


Compensatory damages

Include damages for pain and suffering of discrimination


Punitive damages

Appropriate whenever discrimination occurs with malice or
Reckless indifference to federally protected rights of others


Winning title VII civil action

Plaintiff must show steps taken by employer had illegal
Discriminatory basis

Ex. Because of race


Disparate treatment

Plaintiff must convince court that employer intentionally
Discriminated against plaintiff


Disparate impact case

Plaintiff must prove employer's practices or policies
Had discriminatory effect on group protected by Title VII


Business necessity defense

Requires employer to prove practices or policies used are
Job related and based on business necessity


Retaliation case, example

It's illegal for employers to retaliate against employees
For making discrimination charges

Ex. Firing employees because they made discrimination charges,
Or transferring them to less desirable jobs


Sexual harassment case

Plaintiff who has been promised benefits or threatened with
Loss if she or he doesn't give sexual favors to an employment


Hostile work environment

Another type of sexual harassment

Employers make sexual comments, propositions,
Show nudes pictures, engage in suggestive touching


How many days does an employee have to file Title VII with the EEOC?

180 days (300 if first filed with state fair employment
Practices commission)


Pregnancy discrimination act

Employers with health or disability plans must cover
Pregnancy and child birth


What kind of discrimination is not yet protected by federal law?

Sexual orientation discrimination


Race normed employment tests

Set the standards lower for minority test takers



5 Employment practices that may be challenged

1 setting testing and educational requirements
2 height and weight requirements
3 maintaining appearance requirements
4 practicing affirmative action
5 using seniority systems


Affirmative action

Federally contracting employers must actively recruit
Members of minority groups being underused in workforce


Reverse discrimination claims

When minorities or women with lower qualifications or
Less seniority than white males are given preference
In employment/training


Seniority systems

Give priority to employees who have worked longer for
A particular employer or in particular line of employment


Civil rights act of 1866 section 1981

All persons have the same right to make and enforce
Contracts enjoyed by white citizens


Americans with Disabilities Act (ADA) prohibits employer's discrimination against 3 things?

1 person having a disability
2 person having disability in past
3 person regarded as having disability



Any physical or mental impairment that substantially
Limits 1 or more of an individual's major life activities


Qualified disabled

Defined as those with disability who with or without
Reasonable accommodation can perform essential fcts.
Of job


Reasonable accommodation for qualified disabled: 4 items

1 making work facilities accessible
2 restructuring jobs and modifying work schedules
3 purchasing or modifying necessary equipment for use
4 providing modified training


Genetic information non discrimination act (GINA) 2009

Prohibits covered employers from firing, refusing to hire
Individuals on basis of their genetic info


Health insurance portability and accountability act (HIPAA)

Forbids group plans and issuers from excluding employee
From insurance coverage or requiring different premiums

Can't be based on health status, medical condition,
Genetic info or disability