Chap 16 Flashcards
(20 cards)
Title VII of the Civil Rights Act
Title VII prohibits employment discrimination based on race, color, national origin, religion, gender and sexual orientation.
Title VII of the Civil Rights Act Procedures
An employee alleging discrimination must file a claim with the Equal Employment Opportunity Commission (EEOC). The EEOC may sue the employer on the employee’s behalf. If it does not, the EEOC may allow the employee to sue the employer directly.
Title VII of the Civil Rights Act Types of discrimination
Title VII prohibits both intentional (disparate-treatment) and unintentional (disparate-impact) discrimination. Disparate-impact discrimination occurs when an employer’s practices, tests, or procedures, such as requiring a certain level of education, have the effect of discriminating against a protected class. Title VII extends to discriminatory practices, such as various forms of harassment, in the online environment.
Remedies for discrimination under Title VII
Remedies include reinstatement, back pay, and retroactive promotions. Damages (both compensatory and punitive) may be awarded for intentional discrimination.
The Age Discrimination in Employment Act (ADEA)
Prohibits employment discrimination on the basis of age against individuals forty years of age or older. Procedures for bringing a case under the ADEA are similar to those for bringing a case under Title VII.
The Americans with Disabilities Act (ADA)
Prohibits employment discrimination against persons with disabilities who are otherwise qualified to perform the essential functions of the jobs for which they apply.
a. To prevail on a claim, a plaintiff must have a disability, must be otherwise qualified for the employment in question, and must have been excluded from it solely because of the disability. Procedures and remedies under the ADA are similar to those in Title VII cases.
b. The ADA defines the term disability as a physical or mental impairment that substantially limits one or more of an individual’s major life activities, a record of such impairment, or being regarded as having such an impairment.
c. Employers are required to reasonably accommodate the needs of qualified persons with disabilities through such measures as modifying the physical work environment and permitting more flexible work schedules.
The Uniformed Services Employment and Reemployment Rights Act (USERRA)
Prohibits discrimination against persons who have served in the military. The USERRA applies to all employers regardless of their size.
Defenses to Employment Discrimination
As defenses to claims of employment discrimination, employers may assert that the discrimination was required for reasons of business necessity, to meet a bona fide occupational qualification, or to maintain a legitimate seniority system. Evidence of prior employee misconduct acquired after the employee has been fired is not a defense to discrimination.
Affirmative Action
Affirmative action programs attempt to “make up” for past patterns of discrimination by giving members of protected classes preferential treatment in hiring or promotion. Such programs are subject to strict scrutiny by the courts and are often struck down for violating the Fourteenth Amendment.
affirmative action
Job-hiring policies that give special consideration to members of protected classes in an effort to overcome present effects of past discrimination.
bona fide occupational qualification (BFOQ)
An identifiable characteristic reasonably necessary to the normal operation of a particular business. Such characteristics can include gender, national origin, and religion, but not race.
business necessity
A defense to an allegation of employment discrimination in which the employer demonstrates that an employment practice that discriminates against members of a protected class is related to job performance.
constructive discharge
A termination of employment brought about by making the employee’s working conditions so intolerable that the employee reasonably feels compelled to leave.
disparate-impact discrimination
Discrimination that results from certain employer practices or procedures that, although not discriminatory on their face, have a discriminatory effect.
disparate-treatment discrimination
A form of employment discrimination that results when an employer intentionally discriminates against employees who are members of protected classes.
prima facie case
A case in which the plaintiff has produced sufficient evidence of a claim that the case will be decided for the plaintiff unless the defendant produces evidence to rebut it.
protected class
A group of persons protected by specific laws because of the group’s defining characteristics, including race, color, religion, national origin, gender, sexual orientation, age, disability, and military status.
seniority system
A system in which those who have worked longest for an employer are first in line for promotions, salary increases, and other benefits, and are last to be laid off if the workforce must be reduced.
sexual harassment
The demanding of sexual favors in return for job promotions or other benefits, or language or conduct that is so sexually offensive that it creates a hostile working environment.
tangible employment action
A significant change in employment status or benefits, such as occurs when an employee is fired, refused a promotion, or reassigned to a lesser position.
