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Flashcards in Employment & Environment: Anti-Discrimination Deck (4)
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1
Q

Employment & Environment:
Anti-Discrimination
Title 7 of Civil Rights Act

A
Forbids discrimination based on:
- race
- color
- religion
- religion limitation
- sex
- national origin
Not:
- eldery
- disabled
Applies to:
- employers
  - 15+ employees for 20 weeks
  - whose business affects interstate commerce
- employment agencies
- labor unions
- federal, state, and local government employees (not charities or religious employers)
Covers: hiring, promotion, transfers, firings, compensation, job assignments
2
Q

Employment & Environment:
Anti-Discrimination
Title 7 of Civil Rights Act 2

A

Enforced by:
- Equal Employment Opportunity Comission (right to sue letter)
- civil acts by employee against employer
Types of discrimination:
- Intentional: disparate treatment
- Discriminatory Impact: disparate impact
Defenses of Employer:
- Bona fide occupational qualification
- Bona fide seniority or merit
- Professional developed ability test
Sexual Harassment
- Quid pro quo
- hostile environment
- employer creates or tolerates an intimidating, hostile, or offensive working environment.
- employers may be liable
- if victims suffer adverse job result, employer is strictly liable
- employees who do not take advantage of employers internal procedures for complaints will be barred

3
Q

Employment & Environment:
Anti-Discrimination
Age-Discrimination

A
  • supplement to title 7
  • protects those:
    • 40 years or older
    • prohibits mandatory retirement
      • exception for executives 65 or older
        Applies to:
  • businesses employing 20+ people
  • state and local governments
  • unions (with 25+ members)
  • Employment Agencies
4
Q

Employment & Environment:
Anti-Discrimination
Americans with Disabilities Act

A
  • ensure disabled persons are able to work
    Applies to:
  • employers with 15+ employees
  • All state and local governments
  • private businesses that provide accommodations, goods, or services to the public
  • public services or transportation
    Enforced by: EEOC and private suits under title 7
    Forbids discrimination against “any qualified individual with a disability”
  • physical or mental impairment that limits one or more “major life activities”
  • record of impairment
  • being regarded as having such impairment
    Employer must:
  • not discriminate in hiring
  • establish non-discriminatory hiring standards by:
    • identifying essential job requirements
    • ensure that standard that includes disables person is “job related and of business necessity”
    • determining reasonable accommodation would permit a disabled persons’s qualification
  • make reasonable accomodations

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