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Flashcards in Ch 20 Class Notes Deck (34)
0

4 protected classes under the civil rights act?

1 race and color
2 religion
3 national origin
4 sex

1

Disparate treatment

Blatant intentional discrimination

Ex. McDonald Douglas Case (hiring)

2

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

Employer to prove legitimate reason for rejecting applicant

3

Disparate impact

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

But impacts protected class disproportionately

4

4 requirements for plaintiff to establish prima facie case

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

5

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?

Extra requirements are only acceptable if related to job
function

6

4 groups that have exemptions from title 7 discrimination

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

7

Validity testing

Scientifically testing screening measures to make sure no
Discrimination

8

At will employments state

Employer can higher or fire for certain reason

9

BFOQ: playboy bunnies vs. hooters

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

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

10

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

The incident that occurred

11

Enforcement procedures for discrimination 4

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

12

Pregnancy discrimination act 1978

Can't terminate someone because their pregnant

13

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

2-3% of the time

14

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?

Refuse to remove her

15

Quid pro quo

Employment benefits for sex

16

Hostile work environment

Unwelcome sexual conduct that interferes with employee's
Work performance

Limited claim almost solely sexual

17

Employer's preventative steps against hostile work environment 4

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

Compensatory damages,

2) when filed under state what does this do?

For pain and emotional distress

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

19

Protected characteristics 5

Age, race, religion, gender, national origin

20

Plurality decision

When judges don't all agree on reason for decision

Loses precedental value

21

Seniority system

Criticized because people not judged on their merit

But how long they've been with the company

22

2 ways employers can fight age discrimination

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

2 cut employee's salary instead of firing them

23

Pretext

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