Flashcards in Exam 4 - Chapter 14 (Employment Discrimination) Deck (27):
What is Equal Opportunity in Employment?
The right of all employees and job applicants:
1) To be treated without discrimination, and
2) To be able to sue employers if they are discriminated against
What is the Equal Employment Opportunity Agency Commission (EEOC)?
The federal administrative agency responsible for enforcing most federal anti-discrimination laws
What is the Equal Employment Opportunity Agency Commission (EEOC) empowered to do?
- Conduct investigations
- Interpret statutes
- Encourage conciliation between employees and employers
- Bring suit to enforce the law
What is the Title VII of the Civil Rights Act of 1964 and what does it protect?
Intended to eliminate job discrimination based on five protected classes:
5) national origin
Who does the Title VII of the Civil Rights Act apply to?
- Employers with 15 or more employees, that year or last, for 20 consecutive weeks
- All employment agencies
- Labor unions with 15 or more members
- State and local governments and their agencies
- Most federal government employment
What does the Title VII of the Civil Rights Act apply to in terms of employment?
applies to any term, condition, or privilege of employment including, but not limited to:
- Hiring and firing
- Work rules
- Promotion and demotion
- Payment of compensation and benefits
- Availability of job training opportunities
What is the Disparate Treatment Discrimination Form of Title VII of the Civil Rights Act?
Occurs when an employer discriminates against a specific individual because of his or her race, color, national origin, sex, or religion
What is the Disparate Impact Discrimination Form of Title VII of the Civil Rights Act?
- Occurs when an employer discriminates against an entire protected class
- Often, this is proven through statistical data about the employer's employment practices
What is the procedure for bringing a Title VII action?
- private complainant must file a complaint with the EEOC
- EEOC can choose to sue, if not will issue a right sue letter to the complainant
- Complainant can then sue the employer
What can a complainant recover for violations of Title VII of the Civil Rights Act?
- back pay and reasonable attorneys' fees
What are the circumstances that can create a hostile work environment clause of sexual harassment in Title VII of the Civil Rights Act?
- Frequency of the discriminatory conduct
- Its severity
- Whether it was physically threatening or humiliating, or a mere offensive utterance
- Whether it unreasonable interferes with an employee's work performance
What is the hostile work environment clause of sexual harassment in Title VII of the Civil Rights Act?
- Occurs when workplace is "permeated" with discriminatory intimidation, ridicule, insult so severe to alter the conditions of the victim's employment
- The conduct in the workplace must be offensive to a reasonable person as well as to the victim, and it must be severe and pervasive
- Online harassment (chats, emails to spread racial and sexual slurs)
What are defenses to employers in sexual harassment cases?
1) If they took "reasonable care to prevent and correct promptly any sexually harassing behavior" by establishing and distributing effective harassment policies and procedures
2) That the employee suing for harassment failed to follow these policies and procedures
What is an employer's duty for Religious Discrimination under Title VII of the Civil Rights Act?
an employer is under a duty to reasonably accommodate an employee's religious practices, observances, or beliefs if it does not cause an undue hardship on the employer
What are defenses to a Title VII Action of the Civil Rights Act?
3) Bona Fide Occupational Qualification (BFOQ)
What is the Bona Fide Occupational Qualification defense to a Title VII Action of the Civil Rights Act?
Employment discrimination based on a protected class (other than race or color) is lawful if it is:
- Job related, and a
- Business necessity, i.e. discrimination in hiring when a certain characteristic is necessary to perform the job
What is the merit defense to a Title VII Action of the Civil Rights Act
Showing better performance on a professional developed ability test
What is the seniority defense to a Title VII Action of the Civil Rights Act
Preferential treatment based on their length of service and are not unlawful if it:
- Applies equally to all
- Follows industry practices
- Did not begin with discrimination
- Is free of any illegal discriminatory purpose
What did the Civil Rights Act of 1886 do?
prohibited racial and national origin employment discrimination
Who does the Age Discrimination in Employment Act apply to in terms of employers?
- Employers having 20 or more employees in an industry that affects interstate commerce
- Employment agencies and to unions that have at least 25 members or operate a hiring hall
Are covered employers under the Age Discrimination in Employment Act able to establish mandatory retirement ages for its employees? T/F
How must one prove Age Discrimination?
Plaintiff must establish facts to create a reasonable inference that age was a determining factor in termination by showing that he or she
- Belongs to the statutorily protected age group of 40 or older
- Was qualified for the position held
- Was terminated under circumstances giving rise to an inference of discrimination
What is the Executive Exception under the ADEA?
allows mandatory retirement of executives at age 65
Who is the Americans with Disabilities Act imposed on?
- employers of public transportation, telecommunications, and public accommodations to accommodate individuals with disabilities
What is considered a disabled person?
1) Has a physical or mental impairment that substantially limits one or more of his or her major life activities
2) Has a record of such impairment, or
3) Is regarded as having such impairment
What are specific individuals covered under the ADA?
Individuals with diseases such as cancer, epilepsy, heart disease, blind or deaf people, and infected by HIV but not yet symptomatic or an intellectual disability