Ch 20 Flashcards
4 types of employer action where discrimination is prohibited
1 discharge
2 refusal to hire
3 compensation
4 terms, conditions or privileges of employment
Bona fide occupational qualifications (VFOQs)
Employers can discriminate on basis of religion, sex or
National origin when attributes are necessary for normal
Business operations
What does Title VII of Civil Rights Act 1964 apply to?
Employers with 15 or more employees, labor unions
Or certain other employers
What is the major purpose of the Title VII of Civil Rights Act 1964?
What agency enforces this law?
Eliminate job discrimination based on race, color, religion,
Sex or national origin
Equal Employment Opportunity Commission (EEOC)
How many members is the EEOC composed of?
5 members
Compensatory damages
Include damages for pain and suffering of discrimination
Punitive damages
Appropriate whenever discrimination occurs with malice or
Reckless indifference to federally protected rights of others
Winning title VII civil action
Plaintiff must show steps taken by employer had illegal
Discriminatory basis
Ex. Because of race
Disparate treatment
Plaintiff must convince court that employer intentionally
Discriminated against plaintiff
Disparate impact case
Plaintiff must prove employer’s practices or policies
Had discriminatory effect on group protected by Title VII
Business necessity defense
Requires employer to prove practices or policies used are
Job related and based on business necessity
Retaliation case, example
It’s illegal for employers to retaliate against employees
For making discrimination charges
Ex. Firing employees because they made discrimination charges,
Or transferring them to less desirable jobs
Sexual harassment case
Plaintiff who has been promised benefits or threatened with
Loss if she or he doesn’t give sexual favors to an employment
Supervisor
Hostile work environment
Another type of sexual harassment
Employers make sexual comments, propositions,
Show nudes pictures, engage in suggestive touching
How many days does an employee have to file Title VII with the EEOC?
180 days (300 if first filed with state fair employment Practices commission)
Pregnancy discrimination act
Employers with health or disability plans must cover
Pregnancy and child birth
What kind of discrimination is not yet protected by federal law?
Sexual orientation discrimination
Race normed employment tests
Set the standards lower for minority test takers
Illegal
5 Employment practices that may be challenged
1 setting testing and educational requirements 2 height and weight requirements 3 maintaining appearance requirements 4 practicing affirmative action 5 using seniority systems
Affirmative action
Federally contracting employers must actively recruit
Members of minority groups being underused in workforce
Reverse discrimination claims
When minorities or women with lower qualifications or
Less seniority than white males are given preference
In employment/training
Seniority systems
Give priority to employees who have worked longer for
A particular employer or in particular line of employment
Civil rights act of 1866 section 1981
All persons have the same right to make and enforce
Contracts enjoyed by white citizens
Americans with Disabilities Act (ADA) prohibits employer’s discrimination against 3 things?
1 person having a disability
2 person having disability in past
3 person regarded as having disability
Disability
Any physical or mental impairment that substantially
Limits 1 or more of an individual’s major life activities
Qualified disabled
Defined as those with disability who with or without
Reasonable accommodation can perform essential fcts.
Of job
Reasonable accommodation for qualified disabled: 4 items
1 making work facilities accessible
2 restructuring jobs and modifying work schedules
3 purchasing or modifying necessary equipment for use
4 providing modified training
Genetic information non discrimination act (GINA) 2009
Prohibits covered employers from firing, refusing to hire
Individuals on basis of their genetic info
Health insurance portability and accountability act (HIPAA)
Forbids group plans and issuers from excluding employee
From insurance coverage or requiring different premiums
Can’t be based on health status, medical condition,
Genetic info or disability
