Ch 20 Class Notes Flashcards
Disparate treatment
Blatant intentional discrimination
Ex. McDonald Douglas Case (hiring)
4 protected classes under the civil rights act?
1 race and color
2 religion
3 national origin
4 sex
McDonald Douglas Case (hiring): proving prima facie case shifts burdens of proof to…
Employer to prove legitimate reason for rejecting applicant
Disparate impact
Job qualification (though neutral on it's face) bears no Relationship to job performance
But impacts protected class disproportionately
4 requirements for plaintiff to establish prima facie case
1 he is in protected class
2 qualified for position
3 subject to adverse employment action
4 some evidence of dissimilar treatment
Duke power had policy where African americans in labor department could not be promoted. After civil rights act passed they allowed promotions outside the labor department only if individuals passed an intelligence test and held a diploma. What did the supreme court rule?
Extra requirements are only acceptable if related to job
function
4 groups that have exemptions from title 7 discrimination
1 Indian tribe
2 churches and religious universities
3 US citizens working for non US companies abroad
4 non US citizens working abroad
Validity testing
Scientifically testing screening measures to make sure no
Discrimination
At will employments state
Employer can higher or fire for certain reason
BFOQ: playboy bunnies vs. hooters
Playboy bunnies: court accepted that it was BFOQ
Because entertainment for business purpose
Hooters: engages in discriminatory practice because
Business is to serve food
Before an attorney files a claim with the EEOC for
Discrimination by employer against employee for their
National origin, the attorney must first know…
The incident that occurred
Enforcement procedures for discrimination 4
1 file claim with EEOC
2 EEOC investigates and resolves or dismisses claim
3 right to sue letter issued
4 file complain in court
Pregnancy discrimination act 1978
Can’t terminate someone because their pregnant
In discrimination cases, what percent of the time is probable cause found?
2-3% of the time
If a Chinese owner of the restaurant tells the manager to remove the white server from the list and fire her because she isn’t chinese, what should the manager do?
Refuse to remove her
Quid pro quo
Employment benefits for sex
Hostile work environment
Unwelcome sexual conduct that interferes with employee’s
Work performance
Limited claim almost solely sexual
Employer’s preventative steps against hostile work environment 4
1 policies and training
2 interview offender and victim to find out story
3 have reporting policy
4 employee being harassed must take action
Compensatory damages,
2) when filed under state what does this do?
For pain and emotional distress
When filed under state avoids federal cap of $300,000
Protected characteristics 5
Age, race, religion, gender, national origin
Plurality decision
When judges don’t all agree on reason for decision
Loses precedental value
Seniority system
Criticized because people not judged on their merit
But how long they’ve been with the company
2 ways employers can fight age discrimination
1 replace former employee with someone within 5 years of
Their age
2 cut employee’s salary instead of firing them
Pretext
Adverse employment action
harassment
Difference btw religious and disability discrimination
Different because of accommodation involved
Disability
Significant limitation to perform major life activities
Including any bodily or mental function
Ex. Cancer, burn victim, amputee, slow reader
Disability discrimination case
Employer must try to provide accommodations
Ex. Cancer accommodation = unpaid leave of absence
Employers defense against providing accommodations for
Disabilities? 4
1 undue hardship
2 direct threat (yourself or others)
3 lack of qualifications
4 current drug user
Undue hardship
Action requiring significant difficulty and expense
Employer must have justification for…
Looking into privacy of employees
Ortega joined a church that forbids working Saturday, Sunday or Monday. Ortega requests employer change schedule from 8 hour days Monday through Friday to 10 hours days Tuesday through Friday. Ortega’s request was refused because…
Too unreasonable to accommodate
Company requires that all male employees wear their hair off the collar. Does this policies violate title VII
No as long as grooming code doesn’t violate gender discrimination
1981’s advantage over title VII, restriction?
No cap on damages and can file w/in 4 years compared
To 180 to 300 days under title VII to file with EEOC
Restricted only for race
Discrimination: discriminatory business decisions based on Customer preferences
Customer preferences don’t matter, they justify discrimination
Preferences
