Ch 35 - Employment Discrimination Flashcards
protected class
class of persons defined by one or more of these criteria: race, class, religion, national origin, gender, age, or disability
employee discrimination - fed/state? scope?
fed
Extend to US citizens who are working abroad for US firms/ co that - controlled by US firms
Title VII of the Civil Rights Act (3)
prohibits discrimination against employees, applicants, and union members on the basis of race, color, religion, national origin, and gender at any stage of employment incl hiring process, discipline procedures, discharge, promotion, and benefits
15+ employees
incl undocumented
equal employment opportunity commission def + 3 process
Must file claim w them before lawsuit can be brought v employer -> investigate dispute + obtain voluntary consent to out of court settlement -> no settlement = EEOC file suit v employer on empee’s behalf
Generally only takes “priority cases” incl retaliatory discharge – fire empee for submitting claim to EEOC + tpes o discrimination that - o particular concern to the EEOC
No investigation -> EEOC issues right to sue that allows empee to bring their own lawsuit v employer
to bring a class action, ____
empee must prove a co-wide policy o discrimination that had a common effect on all the plaintiffs covered by the action
intentional discrimination
disparate treatment discrimination
must make prima facie case
prima facie case must est (4) + steps after (2)
presumed true unless contracted by evidence Must est: plain* - mem o protected class, plain* applied + was qualified for job, plain* - rejected by employer, empr continued to seek applicants f the position/filled position w * not in protected class Prima facie est -> empr-def* must articulate legal reason f not hiring plain* -> plain* empr's reason - pretext (not true reason) + empr's decision - motivated by discriminatory intent
unintentional discrimination
disparate impact discriminination
make prima facie case -> empr show it was justified -> plaintiff
disparate impact discrimination
when protected group o people - adversely affected by an employer’s practices, procedures, tests, even though they do not appear to be discriminatory
to show disparate impact____
as result o edu/ other job rq or hiring procedures, the % o protected classes in employers workorce X reflect % o that group in pool o qualified applicants
when edu/other job rq/hiring procedure excludes mem o protected class fr empr's workforce @ substantially higher rate than nonmem, discrimination occurs - (EEOC) when selection rate f protected class <4/5 o rate f group w highest rate o hiring generally - regarded as evidence o disparate impact
discriminaiton based on race, color, and natl origin rq
Empr must show standards/policies have substantial, demonstrable rela to realisitc qualifications f job in Q
section 1981 claims
prohibits discrimination on the basis of race/ethnicity in the formation /enforcement o contract
Employment - contractual rela -> can provide alt basis f plain* action + - potentially advantageous b/c X lim on damages that can be awarded
discrimination based on religion - restrictions + results
Employers cannot treat their empees diff based on religious beliefs/practices OR rq participation in any reli activity /forbid them fr participating in one
REASONABLE ACCOMMODATION unless -> undue hardship to empr’s busi
discrimination based on gender - 2 rq, 2 ex, incl (3)
unless prove gender - essential to job, gender must be determining factor
X sep male + fem seniority lists + X refuse to promote empees based on gender
pregnancy, post-preg, wage discrim
pregnancy discrimination act
women affcted by pregnancy, childbirth, or related medical conditions must be treated the same as other persons not so affected by similar in ability to work
post-pregnancy discriminaiton
employer must continue to reasonable accommodate an empee;s medical conditions related to pregnancy and childbirth, even after the pregnancy has ended
the equal wage act
rq equal pay f male + fem employees working @ same est doing sim work
Look to primar duties o 2 jobs - job content, not description
