Ch 20 Class Notes Flashcards

(34 cards)

0
Q

Disparate treatment

A

Blatant intentional discrimination

Ex. McDonald Douglas Case (hiring)

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1
Q

4 protected classes under the civil rights act?

A

1 race and color
2 religion
3 national origin
4 sex

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2
Q

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

A

Employer to prove legitimate reason for rejecting applicant

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3
Q

Disparate impact

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

But impacts protected class disproportionately

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4
Q

4 requirements for plaintiff to establish prima facie case

A

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

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5
Q

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?

A

Extra requirements are only acceptable if related to job

function

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6
Q

4 groups that have exemptions from title 7 discrimination

A

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

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7
Q

Validity testing

A

Scientifically testing screening measures to make sure no

Discrimination

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8
Q

At will employments state

A

Employer can higher or fire for certain reason

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9
Q

BFOQ: playboy bunnies vs. hooters

A

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

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

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10
Q

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

A

The incident that occurred

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11
Q

Enforcement procedures for discrimination 4

A

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

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12
Q

Pregnancy discrimination act 1978

A

Can’t terminate someone because their pregnant

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13
Q

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

A

2-3% of the time

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14
Q

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?

A

Refuse to remove her

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15
Q

Quid pro quo

A

Employment benefits for sex

16
Q

Hostile work environment

A

Unwelcome sexual conduct that interferes with employee’s
Work performance

Limited claim almost solely sexual

17
Q

Employer’s preventative steps against hostile work environment 4

A

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

18
Q

Compensatory damages,

2) when filed under state what does this do?

A

For pain and emotional distress

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

19
Q

Protected characteristics 5

A

Age, race, religion, gender, national origin

20
Q

Plurality decision

A

When judges don’t all agree on reason for decision

Loses precedental value

21
Q

Seniority system

A

Criticized because people not judged on their merit

But how long they’ve been with the company

22
Q

2 ways employers can fight age discrimination

A

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

2 cut employee’s salary instead of firing them

23
Q

Pretext

A

Adverse employment action

harassment

24
Difference btw religious and disability discrimination
Different because of accommodation involved
25
Disability
Significant limitation to perform major life activities Including any bodily or mental function Ex. Cancer, burn victim, amputee, slow reader
26
Disability discrimination case
Employer must try to provide accommodations Ex. Cancer accommodation = unpaid leave of absence
27
Employers defense against providing accommodations for | Disabilities? 4
1 undue hardship 2 direct threat (yourself or others) 3 lack of qualifications 4 current drug user
28
Undue hardship
Action requiring significant difficulty and expense
29
Employer must have justification for...
Looking into privacy of employees
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...
Too unreasonable to accommodate
31
Company requires that all male employees wear their hair off the collar. Does this policies violate title VII
No as long as grooming code doesn't violate gender discrimination
32
1981's advantage over title VII, restriction?
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
33
Discrimination: discriminatory business decisions based on Customer preferences
Customer preferences don't matter, they justify discrimination Preferences