Chapter 17- Employment Discrimination Flashcards
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.
Business Necessity
An employment practice that discriminates against members of a protected class but is necessary for 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
Intentional discrimination against individuals on the basis of color, gender, national origin, race, or religion.
Employment Discrimination
Treating employees or job applicants unequally on the basis of race, color, national origin, religion, gender, age, or disability.
Prima Facie Case
A case in which the plaintiff has produced sufficient evidence to prove his or her conclusion if the defendant produces no evidence to rebut it.
Protected Class
A group of persons with defining characteristics—such as race, color, religion, national origin, gender, age, and disability—who historically have been discriminated against.
Seniority System
A system in which those who have worked longest for the employer are first in line for promotions, salary increases, and other benefits.
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, such as a change brought about by firing or failing to promote an employee.
The most important federal statute that works to prohibit employment discrimination against members of protected classes is:
Title VII of the Civil Rights Act of 1964
If Min is able to show that she is qualified for the job, and that Tiffany, a Caucasian who is less qualified, is hired instead of her, what has she Min done?
Made a prima facie case of illegal discrimination
Now assume that Min lives in an area with a high percentage of Asian workers. Many of these workers are legal immigrants who have relatively little college training. If, when Min applies for her job, she is given an examination designed for a college graduate, and if she and most Asian applicants fail to pass the test, what problem might the employer have?
The employer might be engaged in disparate-impact discrimination
