MGMT 311 Exam 4 - FLASHCARDS - Chapter 21

Question 1

What is disparate treatment?

Answer 1

Intentional discrimination in the form of unequal treatment, which is directly given to an employee

Question 2

What is disparate impact?

Answer 2

Practices that unintentionally discriminate against a protected group of people

Question 3

What is an example of disparate treatment?

Answer 3

An employer paying men higher than women for doing the same job

Question 4

What is an example of disparate impact?

Answer 4

Hiring more men than women as construction workers as a result of physical height or strength

Question 5

Is disparate treatment intentional or unintentional discrimination?

Answer 5

Intentional

Question 6

Is disparate impact intentional or unintentional discrimination?

Answer 6

Unintentional

Question 7

What are protected classes under the Civil Rights Act?

Answer 7

1. race
2. color
3. National origin
4. religion
5. sex/gender

Question 8

What does title VII (7), prohibit?

Answer 8

prohibits discrimination in the entire employment arrangement including hiring, firing, promotions, disciplinary procedures, benefits, etc

Question 9

Does a small business have a license to discriminate?

Answer 9

No

Question 10

What is the EEOC?

Answer 10

equal employment opportunity commission

Question 11

True or false: procedures under title 7 require that employee must file claim with EEOC first?

Answer 11

TRUE

Question 12

What was Griggs vs. Duke Power (U.S.1971)?

Answer 12

Even if there is no discriminatory intent, an employer may not use a job requirement that functionally excludes members of a certain race if it has no relation to measuring performance of job duties

Question 13

What is treating workers less favorably than others based on race, national origin, etc

Answer 13

Disparate treatment

Question 14

What does a plaintiff have to prove to sue for disparate treatment?

Answer 14

1) Plaintiff is a member of the protected class;
2) Plaintiff applied and was qualified for the job;
3) Plaintiff was rejected by the employer;
4) Employer continued to seek applicants for the position or filled the position with a person not in that protected class.

Question 15

Even if the plaintiff proves everything about disparate treatment, does it mean they win their case?

Answer 15

No

Question 16

What does an employer have to prove to defend against the plaintiff’s (employee) allogations?

Answer 16

That there was a legitimate reason for not hiring Plaintiff

Question 17

True or false: every race is in a protected class?

Answer 17

TRUE

Question 18

What does a plaintiff have to prove to sue for disparate impact?

Answer 18

1) The employer has a facially neutral employment practice or job requirement;
2) Policy is neutrally applied; and
3) Policy has a significant adverse impact on a protected class.

Question 19

What does the employer have to prove to defend against the employee’s allogations about disparate impact?

Answer 19

Job-related reason
Business necessity
Seniority system
Lack of work experience

Question 20

What is interpreted broadly to apply to the ancestry or ethnic characteristics of a group of persons, such as Native Americans?

Answer 20

Race

Question 21

What refers to discrimination based on a person’s birth in another country or ancestry or culture, such as Hispanic?

Answer 21

National origin

Question 22

What is discrimination against members of a majority group (white males)?

Answer 22

Reverse discrimination

Question 23

What does BFOQ stand for?

Answer 23

bona fide occupational qualification

Question 24

What is the the BFOQ defense for a religious organization?

Answer 24

When you are allowed to discriminate in hiring based on gender and religion because the job description requires someone of a specific gender of religion

Question 25

What is an example of BFOQ?

Answer 25

If you are hiring a priest, they have to be catholic. There is a religious requirement. If someone sues for religious discrimination, a defense against that is if the job has a requirement for a specific religion

Question 26

Does the BFOQ defense apply to religion or gender?

Answer 26

Both religion and gender

Question 27

Does BFOQ apply to race discrimination?

Answer 27

No

Question 28

What is disparate treatment in regards to religion?

Answer 28

refusing to hire or firing based on religion is discrimination

Question 29

Is disparate treatment allowed in a BFOQ case?

Answer 29

Yes

Question 30

What is diaparate impact in regards to religion?

Answer 30

involves policies and practices of Employer which the Employee claims violate his/her religious beliefs, practices, and observances

Question 31

Must the employer accommodate the employee’s religious observances, practices, and beliefs in the workplace?

Answer 31

Yes, unless it would be an undue hardship on the employer. They need to try to remove the conflict between religion and the job

Question 32

If an employee's religious beliefs will put an undue hardship on the employer, does he have to accomodate them?

Answer 32

No

Question 33

Can employers classify jobs as male or female?

Answer 33

No, unless being a male or female is required for the job

Question 34

Can height, weight, and physical ability restrictions have disparate impact on women?

Answer 34

Yes

Question 35

True or false: to be classified as gender discrimination, gender must be a determining factor in employer’s decision?

Answer 35

TRUE

Question 36

Is it discrimination to have separate physical ability standards for men and women?

Answer 36

No

Question 37

Is lack of intent a defense for disparate impact?

Answer 37

No

Question 38

Can employers have separate seniority lists, 1 for men and 1 for women?

Answer 38

No. A woman could possibly be in line for a promotion before a man

Question 39

What is 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?

Answer 39

Seniority system

Question 40

Is a weight requirement of 185 pounds for police officers disparate impact?

Answer 40

Yes because it is excluding most women

Question 41

What act prohibits discrimination based on pregnancy, child birth, or related medical conditions?

Answer 41

Pregnancy Discrimination Act of 1978

Question 42

What act amended Title 7, expanding the definition of gender discrimination to include discrimination based on pregnancy, child birth, or related medical conditions?

Answer 42

Pregnancy Discrimination Act of 1978

Question 43

What was Young v. UPS, Inc.?

Answer 43

Young worked for UPS and could lift 70 pounds, which was the requirement. When she got pregnant, her doctor said she could only lift 20 pounds, so UPS said she was no longer qualified for the job

Question 44

What act requires equal pay for male and female employees working at the same establishment doing similar work?

Answer 44

Equal Pay Act of 1963

Question 45

Do discrimination cases have to go through the EOC?

Answer 45

Yes

Question 46

What is the “Substantially Equal” Test?

Answer 46

Jobs don't have to be identical, they have to be substantially equal

Question 47

What are ways that an employer can justify the difference in pay between men and women?

Answer 47

1. A seniority system 2. A merit system 3. A system that measures earnings by quality or quality of production 4. A differential based on any factor other than sex

Question 48

What is the burden of proof for the substantially equal test?

Answer 48

Plaintiff has to prove that jobs are substantially equal

Question 49

If a black female and a hispanic female are working in the same job and are paid differently, is it a violation of the equal pay act?

Answer 49

No, it is just about male and female

Question 50

What case ruled that transgender and sexual orientation discrimination is prohibited in the workplace?

Answer 50

Bostock v. Clayton Co., Georgia

Question 51

What is it called when employees leave their jobs voluntarily because the employer causes the employee’s working conditions to be so intolerable that a reasonable person would be compelled to quit?

Answer 51

Constructive discharge. Common reason in sexual harrasment cases

Question 52

What are the two types of sexual harrassment?

Answer 52

1. Quid Pro Quo 2. Hostile Working Environment

Question 53

True or false: sexual harrassment is different than sexual assault?

Answer 53

TRUE

Question 54

What is quid pro quo sexual harrassment?

Answer 54

this for that. Tangible employment (losing a raise) action that results from a refusal to submit to a sexual demand

Question 55

True or false: in quid pro quo sexual harrassment, the employer is strictly liable in the workplace without regard to policies?

Answer 55

TRUE

Question 56

What type of sexual harassment is where no tangible economic losses are present, but the victim suffers from an environment at work?

Answer 56

Hostile working environment sexual harassment

Question 57

True or false: to be a hostile working environment, the employer's actions have to be severe enough to make the workplace hostile?

Answer 57

TRUE

Question 58

What is an affirmative defense the defendant (employer)can give against his allogations of sexual harassment, to make sure the plaintiff (employee) does not win?

Answer 58

1. Employer took reasonable care to prevent and promptly correct the behavior 2. Employee unreasonably failed to take advantage of the corrective opportunities

Question 59

What is the issue in Meritor Savings v. Vinson?

Answer 59

What is the standard for determining sexual harassment?

Question 60

What is the standard for sexual harassment in Meritor Savings v Vinson?

Answer 60

Unwelcomeness is our standard. They have to prove that what happened to them was unwelcome. Totality of circumstances is used to prove the action is unwelcome

Question 61

For a plaintiff to win a hostile working environment sexual harrasment case, what do they have to prove?

Answer 61

They have to prove that what happened to them was "unwelcome"

Question 62

How do we judge unwelcomeness of sexual harassment?

Answer 62

We use the totality of circumstances to determine if the action was unwelcome

Question 63

Are hostile working environment cases absolute responsibility cases?

Answer 63

Yes

Question 64

What occurs when an employer takes adverse action against an employee for engaging in a protected activity. This could include actions such as firing, reducing an employee's pay or hours, or spreading false information about an employee

Answer 64

Retaliation of employers

Question 65

Is an employer liable for coworker sexual harrassment?

Answer 65

Yes

Question 66

What is coworker sexual harrassment?

Answer 66

Employer is liable if Plaintiff can prove employer knew or should have known and failed to take prompt reasonable corrective action

Question 67

Is the employer liable for non employee sexual harrassment?

Answer 67

Employer is liable if plaintiff can prove employer knew or should have known and failed at reasonable measures to prevent it

Question 68

With same-gender sexual harrassment, does it matter if the harrasser and victim are the same gender?

Answer 68

No

Question 69

What act prohibits discrimination in employment of people based on age against people age 40 and older?

Answer 69

Age Discrimination in Employment Act of 1967 (ADEA)

Question 70

If an ADEA case is based on firing or replacement, does the plaintiff have to be replaced by someone who is younger than 40 to win a case?

Answer 70

No

Question 71

What prohibits discrimination based on military status? Protects civilian job rights and benefits for members of the military, former military personnel, and reservists.

Answer 71

USERRA

Question 72

True or false: under USERRA, veterans can only be fired for cause?

Answer 72

TRUE

Question 73

Under USERRA, do returning service members recieve the same promotion or job they would have gotten had they not had military service leave?

Answer 73

Yes

Question 74

What shows us that violating a CBA seniority system is an undue hardship to Employer?

Answer 74

Stanley v. ExpressJet Airlines, Inc.

Question 75

What act prohibits discrimination against a qualified individual because of a disability?

Answer 75

American's with Disabilities Act (ADA)

Question 76

What is a qualified individual?

Answer 76

Someone who with a disability is qualified to perform the essential functions of a job, with or without reasonable accomodations

Question 77

True or false: someone with a disability must fit a definition of disabled under the act?

Answer 77

TRUE

Question 78

What does a plaintiff have to prove in a ADA case?

Answer 78

1. Plaintiff has a disability (fits 1 of 3 definitions) 2. Plaintiff is otherwise qualified for the job with or without reasonable accomodations 3. Excluded due to discrimination based on the disability

Question 79

What does the employer have to prove in an ADA case?

Answer 79

1. ADA requires Employers to reasonably accommodate Employees with disabilities 2. If an applicant or employee with disabilities, with reasonable accommodations, can perform essential job functions, Employer MUST make the accommodation 3. Undue Hardship – Employer is not required to accommodate if said accommodation puts an undue hardship on the business

Question 80

What is the employer's obligation in the workplace for people with disabilities?

Answer 80

1. Making existing facilities accessible and useful 2. Job restructuring, modified workschedules, and buying modified equipment

Question 81

If an employee with a disability can perform an essential job function with reasonable accomodations, must the employer make that accomodation?

Answer 81

Yes

Question 82

True or false: employer is not required to accommodate if said accommodation puts an undue hardship on the business?

Answer 82

TRUE

Question 83

What are the three definitions of a disability?

Answer 83

1. Any physical or mental impairment that substantially limits a major life activity 2. Having a record of any physical or mental impairment. Having a record of any physical or mental impairment that substantially limits a major life activity 3. Being regarded by others as having such an impairment

Question 84

If someone has a physical or mental impairment that substantially limits a major life activity, do they have a disability?

Answer 84

Yes

Question 85

If someone has a medical record of any physical or mental impairment that substantially limits a major life activity, are they disabled?

Answer 85

Yes

Question 86

If a manager makes a judgement call where he decides what someone can and can't do in regards to a job, do they have a disability?

Answer 86

Yes

Question 87

When the ADA was amended in 2008, did the definitions of a disability change?

Answer 87

No

Question 88

What are examples of major life activities that could be substantially limited by a disability?

Answer 88

Eating and sleeping, caring for oneself, walking, learning, reading. Seeing, hearing

Question 89

What does substantially limits mean?

Answer 89

Materially restricts

Question 90

If someone has an impairment that is episodic or in remission, are they substantially limited?

Answer 90

Yes

Question 91

What are examples of impairments that are episodic or in remission?

Answer 91

asthma, epilepsy, cancer.

Question 92

What are things we use to help mitigate our disability such as hearing aids or glasses?

Answer 92

Corrective measures

Question 93

True or false: whether someone fits a definition of disability is determined without regard to corrective measures?

Answer 93

TRUE

Question 94

With corrective measures, is someone still considered to be disabled?

Answer 94

Yes

Question 95

Are glasses and contact lenses an exception for impairment?

Answer 95

Yes. If you wear corrective lenses, you are no longer disabled

Question 96

If someone who is hearing impaired, wears hearing aids, are they no longer disabled?

Answer 96

No

Question 97

What are two jobs where it is not disability discrimination to refuse to hire because of uncorrected vision?

Answer 97

Military and pilots

Question 98

Is drug addiction considered a disability?

Answer 98

Yes

Question 99

Are casual users of drugs who are not addicts protected by the ADA?

Answer 99

No, casual users are not protected as they are not addicts

Question 100

True or false: the ADA only protects former drug users; those who have completed rehab programs?

Answer 100

TRUE

Question 101

In order to be protected by the ADA, a drug uses has to be drug free?

Answer 101

Yes

Question 102

Can you refuse to hire someone because they reveal to you they are a drug addict?

Answer 102

No

Question 103

If someone is an alcoholic, are they disabled?

Answer 103

Yes

Question 104

Can you refuse to hire someone because they are an alcoholic?

Answer 104

No

Question 105

Can you fire someone simply because they are an alcoholic?

Answer 105

No. You can fire them because they violate your no alcohol rule at work, but not simply because they are an alcoholic