Ch 20

Question 0

4 types of employer action where discrimination is prohibited

Answer 0

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

Question 1

Bona fide occupational qualifications (VFOQs)

Answer 1

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

Question 2

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

Answer 2

Employers with 15 or more employees, labor unions

Or certain other employers

Question 3

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

What agency enforces this law?

Answer 3

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

Equal Employment Opportunity Commission (EEOC)

Question 4

How many members is the EEOC composed of?

Answer 4

5 members

Question 5

Compensatory damages

Answer 5

Include damages for pain and suffering of discrimination

Question 6

Punitive damages

Answer 6

Appropriate whenever discrimination occurs with malice or

Reckless indifference to federally protected rights of others

Question 7

Winning title VII civil action

Answer 7

Plaintiff must show steps taken by employer had illegal
Discriminatory basis

Ex. Because of race

Question 8

Disparate treatment

Answer 8

Plaintiff must convince court that employer intentionally

Discriminated against plaintiff

Question 9

Disparate impact case

Answer 9

Plaintiff must prove employer’s practices or policies

Had discriminatory effect on group protected by Title VII

Question 10

Business necessity defense

Answer 10

Requires employer to prove practices or policies used are

Job related and based on business necessity

Question 11

Retaliation case, example

Answer 11

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

Question 12

Sexual harassment case

Answer 12

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

Question 13

Hostile work environment

Answer 13

Another type of sexual harassment

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

Question 14

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

Answer 14

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

Question 15

Pregnancy discrimination act

Answer 15

Employers with health or disability plans must cover

Pregnancy and child birth

Question 16

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

Answer 16

Sexual orientation discrimination

Question 17

Race normed employment tests

Answer 17

Set the standards lower for minority test takers

Illegal

Question 18

5 Employment practices that may be challenged

Answer 18

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

Question 19

Affirmative action

Answer 19

Federally contracting employers must actively recruit

Members of minority groups being underused in workforce

Question 20

Reverse discrimination claims

Answer 20

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

Question 21

Seniority systems

Answer 21

Give priority to employees who have worked longer for

A particular employer or in particular line of employment

Question 22

Civil rights act of 1866 section 1981

Answer 22

All persons have the same right to make and enforce

Contracts enjoyed by white citizens

Question 23

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

Answer 23

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

Question 24

Disability

Answer 24

Any physical or mental impairment that substantially

Limits 1 or more of an individual’s major life activities

Question 25

Qualified disabled

Answer 25

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

Question 26

Reasonable accommodation for qualified disabled: 4 items

Answer 26

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

Question 27

Genetic information non discrimination act (GINA) 2009

Answer 27

Prohibits covered employers from firing, refusing to hire

Individuals on basis of their genetic info

Question 28

Health insurance portability and accountability act (HIPAA)

Answer 28

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