Employment Discrimination

Question 1

The Civil Rights Act of 1964 Title VII

Answer 1

With 15 or more employees, private industry cannot
discriminate on the basis of color, race, national origin,
religion or gender.
- Established the EEOC

Question 2

Quid Pro Quo

Answer 2

a favor or advantage granted or expected in return for something.

Question 3

Hostile-Environment

Answer 3

when an employee experiences workplace harassment and fears going to work because of the offensive, intimidating, or oppressive atmosphere generated by the harasser.

Question 4

Vinson vs. Meritor Bank

Answer 4

A claim of “hostile environment” sexual harassment is a form of sex discrimination that is actionable under the Civil Rights Act of 1964 Title VII.

Question 5

Harris vs. Forklift Systems

Answer 5

court should have focused on whether the conduct was hostile or abusive

Question 6

Burlington Industries vs. Ellerth

Answer 6

In cases where harassed employee’s suffer no job-related consequences, employers may defend themselves against liability by showing that they quickly acted to prevent and correct any harassing behavior and that the harassed employee failed to utilize their employer’s protection.

Question 7

Faragher vs. Boca Raton

Answer 7

• the Court held that an employer is vicariously liable under Title VII of the Civil Rights Act of 1964 for actionable discrimination caused by a supervisor.
• the city was negligent

Question 8

Civil Rights Act (Amendment) of 1991

Answer 8

It provided the right to trial by jury on discrimination claims and introduced the possibility of emotional distress damages, while limiting the amount that a jury could award.

Question 9

Sexual Stereotyping

Answer 9

the formation or promotion of a fixed general idea or image of how men and women will behave

Question 10

Disparate Treatment

Answer 10

An employee who makes a disparate treatment claim alleges that he or she was treated differently than other employees who were similarly situated, and that the difference was based on a protected characteristic.

Question 11

Disparate Impact

Answer 11

a way to prove employment discrimination based on the effect of an employment policy or practice rather than the intent behind it.

Question 12

DEFENSES:

Answer 12

 Business Necessity
 BFOQ
 Seniority System
 Employee Misconduct

Question 13

BFOQ

Answer 13

a work requirement reasonably necessary to the normal performance of a job, such as being a certain age or gender, or having the ability to lift a certain amount of weight.

Question 14

Business Necessity

Answer 14

a legitimate business purpose that justifies an employment decision as effective and needed to optimally achievement the organization’s goals and ensure that operations run safely and efficiently.