2 - Ch 39 Flashcards
title VII of the civil rights act of a964, as amended
theories of discrimination
disparate treatment
-employer treats some individuals less favorably because of protected status
-proof of discriminatory motive is essential
disparate impact
-facially neutral employment practices have an adverse effect on a protected group
-employer must show a job-related business necessity for the practice
the equal employment opportunity commission
procedure: party charging discrimination files complaint. Investigation is conducted. If parties not satisfied, can file lawsuit
damages: includes reinstatement, promotional back pay, retroactive seniority, and compensatory and punitive damages. Attorney and expert witness fees are also paid to the prevailing party
arbitration option: employers can craft arbitration agreements that require employees to arbitrate their disputes
supervisor
is limited to a person empowered to take tangible employment action against the victim. Because Title VII creates a distinction between an employer’s liability for the actions of a coworker and the actions of a supervisor, it is important to have clear distinction between the two definitions to aid in the application of the Title VII guidelines. Allowing the colloquial usage of “supervisor” that tends to conflate the concept of supervisor and coworker lacks the necessary specificity. The Court held that, to be considered a supervisor for the purposes of workplace employer liability, an individual must have the power to hire, fire, fail to promote, reassign to a task with significantly different duties, or cause a significant change in benefits available to the victim.
protected classes and exceptions
race and color
race applies to the 4 major racial groupings: white, black, Native American, and Asian-Pacific
protected in religion
garments worn for religious reasons: allowed, but safety risks a justifiable reason for dress code
body art work rules and religious beliefs: rules considers hardship on the employer. religious societies can grant hiring preferences to members
protected classes and exceptions for sex
height, weight, and physical ability requirements: must show requirements having a disparate impact on women are job related.
pregnancy-related benefits: pregnancy must be treated as every other medical condition and be afforded the same (but not additional) benefits
protected classes and exceptions for sexual harassment
tangible employment action: supervisor official acts. Employer always vicariously liable for actions
hostile work environment: supervisor “poisons” the work environment, but does not include a tangible employment action. employer can raise affirmative defense that: (1) it took reasonable steps to promptly correct workplace, or (2) plaintiff-employee failed to take advantage of corrective measures
rationale: if there is no “official act,” employer may use it as an affirmative defense. May defeat liability by proving that there are reasonable care to prevent harassment and that employee failed to take advantage of company procedures
nonsupervisors: employer is liable only when it knew about the misconduct and failed to take action or something
protection against retaliation
Title VII prohibits discrimination against an employee who opposes unlawful practices or assists in an investigation against an employer
lack of english language skills violates Title VII if there is no connection to the job
affirmative action and reverse discrimination
affirmative action programs: must respond to a serious imbalance in the workforce, be flexible, time limited, only applicable to qualified workers, and respect the rights of nonminorities and men
reverse discrimination: when an AAP is not justified or “unnecessarily trammels” the interest of nonminority employees
executive order: regulates contractors doing business with the federal government and forbids discrimination against minorities and women
Equal Employment Opportunity (EEO) Laws - Equal Pay
employers must not pay employees of one gender a lower wage for equal work
Equal Employment Opportunity (EEO) Laws - Age Discrimination
protects those over 40
Equal Employment Opportunity (EEO) Laws - Discrimination against Persons with Disabilities
proving a case: plaintiff must prove that he or she has a disability, is qualified for the position, and was discriminated against because of the disability
reasonable accommodations under the ADA: must be made as long as they would not be an undue hardship on employer
failure to take action: employers are liable for failure to take action regarding reasonable accommodations
exclusions from coverage of the act: excludes current illegal drug users and some other behaviors that are not considered disabilities
GINA
genetic information nondiscrimination act: prevents discrimination on the basis of genetic information in health insurance and employment
