Ch 7 National Origin Discrimination Flashcards
A job requirement that an employee must be fluent in English is legal if?
fluency is required to perform the work effectively.
T or F Title VII is not meant to protect against rules that merely inconvenience some employees, even if the inconvenience falls regularly on a protected class.
True
Difference between national origin and citizenship.
- National origin is ones ancestral place of origin, physical, cultural, or linguistic characteristics.
- Citizenship is the status of being a citizen of a particular country.
According to the EEOC, an employer may justify the business necessity of an English-only rule by?
- For communication with customers who only speak English.
- In emergency where workers must speak common language for safety.
- To enable supervisor who only speaks English to monitor performance of an employee whose job duties require communication with co-workers or customers.
What are the prima facie case requirements for national origin discrimination?
- Member of a protected class
- Adverse employment action and dissimilar treatment
- Qualifications/BFOQ
- Employee must show that their position was filled by someone who is not a member of their protected class
Once an employee has articulated a prima facie case of discrimination based on national origin, the burden falls on whom to identify either a BFOQ or a legitimate non discriminatory reason (LNDR) for the adverse employment action.
Employer
T or F The Immigration Reform and Control Act (IRCA), does not prohibit employers in certain circumstances from discriminating against employees on the basis of their citizenship or intended citizenship, and from those not legally authorized for employment in the United States.
False. Does prohibit employers in certain circumstances from discriminating against employees on the basis of their citizenship or intended citizenship, and from those not legally authorized for employment in the United States.
T or F The IRCA does allow discrimination in favor of US citizens as against legal aliens.
True