Protected Trait - Because of sex/sexual orientation Flashcards
(23 cards)
What is included title 7 under sex discrimination?
- Because of sex – pregnancy, childbirth, or related medical ocnditions
what are the 3 requirements of the PDA?
Prohibits discrimantion based on pregnancy
Requires equal treatment of pregnant workers and non pregnant owkrers whos ability to work is similar
Specifies the ramificatons of the pDA on abortion funding
Does because of sex cases use McDonnel Douglass framework?
yes
If a pregnant women is not offerned an accomodation, and a similarly impaired (but not pregnant) worker is offered accomodation, is this discrimination?
Yes - discriminating against pregnant women was discrimination when other similarly incapacitated employees were offered accommodations and present women were not
Is pregnancy and threat of future pregnancy within sex discrimination protection?
Yes - Back case. Fear of future pregnancy counts as sex stereotyping which is prohibited under title 7
What is the federal equal pay act?
Prohibits wage disparity between sexes
quality of production; or (iv) a differential based on any other factor other than sex: Provided, That an employer who is paying a wage rate differential in violation of this subsection shall not, in order to comply with the provisions of this subsection, reduce the wage rate of any employee.
what is the statute of libations for the EPA?
2 years, 3 for wilful misconduct
Has the EPA been synchronized with title 7?
Yes - It shall not be an unlawful employment practice under this title for any employer to differentiate upon the basis of sex in determining the amount of wages or compensation paid to employees of such employer if such differentiation is authorized by the EPA.
What is needed for a prima facie sex-plus discrimination claim?
o Plantiff pregnant
o Qulaifed for job, meeting employer expectations
o Subject to an adverse emlpyemnt action
o There is a casuation between pregnancy and adverse employment decision
does the equal pay act apply to classes other than sex?
no
Under the Equal Pay Act, what are allowed basis for wage discrimination?
o Seniority systems
o A merit system
o A system measuring earnings by quality or quantity of production
o A differential based on any other factor other than sex
If an employer treats all men the same as any man, and all women the same as any women, is this discrimination?
it doesn’t matter if the employer treated women as a group the same when compared to men as a group.
If the employer intentionally relies in part on an individual employee’s sex when deciding to discharge the employee—put differently, if changing the employee’s sex would have yielded a different choice by the employer—a statutory violation has occurred
Which case held that discrimation based on sexual orientation constituted sex discrimination?
Bostock
How did Bostock reason that sexual orientation counted as sex discirmation?
That’s because it is impossible to discriminate against a person for being homosexual or transgender without discriminating against that individual based on sex.
What constitutes race under title 7?
Immutable physical characteristics
title 7 covers immutable characteristics except for…
religion
What was Scalia’s dissent on Bostock?
should interpret the statue’s meaning of words as it was wirrttten in the 1960s which wouldn’t have included notions of sexual orientation
Title 7 operates on which kind of standard?
motivating facotr
Is hairstyle an ethnic trait?
No - If a trait is tied to enthicity but is not in fact an immutable characteristic (cornrow hairstyle) then it does not count as a racial trait
What is the difference between color and race discrimination?
Race refers to ancestry and immutable racial physical characteristics. Color refers to the literal skin tone
what would constitute color discrimination?
an employer only hiring light skinned people
Does sec1981 apply to color discrimination?
No. only racial discrimination.
