Chapter 13 Civil Rights and Employment Discrimination

Question 1

adverse employment action

Answer 1

Action by an employer that materially affects the terms and conditions of employment, such as employee compensation or job responsibilities.

Question 2

association claim

Answer 2

A claim under the Americans with Disabilities Act that an employer discriminated against an employee because of his or her “association” with someone (such as a relative) with a disability.

Question 3

back pay

Answer 3

A damage remedy in an employment discrimination case to compensate the plaintiff for lost salary and benefits.

Question 4

BFOQ defense

Answer 4

An affirmative defense wherein an employer may lawfully hire an individual on the basis of religion, sex, or national origin if religion, sex, or national origin is a bona fide occupational qualification (BFOQ).

Question 5

bona fide occupational qualification (BFOQ)

Answer 5

A requirement that an employer places on certain jobs that actually requires that the person in that job has a certain gender, religion, or national origin.

Question 6

charging period

Answer 6

A specific period of time in which an employee challenging an employment practice must file a complaint with the Equal Employment Opportunity Commission (EEOC).

Question 7

disparate impact

Answer 7

The systematic exclusion of women, ethnic groups, or others in a protected class from employment through testing and other selection procedures.

Question 8

disparate treatment

Answer 8

Intentional discrimination against a person by employer by denying the person employment or a benefit or privilege of employment because of race, religion, sex, national origin, age, or disability.

Question 9

family responsibility discrimination (FRD)

Answer 9

Employment discrimination based on stereotypes of parental roles and responsibilities. Also referred to as maternal wall discrimination.

Question 10

fetal-protection policies

Answer 10

A company policy that bars a woman from certain jobs unless her inability to bear children is medically documented.

Question 11

front pay

Answer 11

A damage remedy in an employment discrimination case that is generally equal to the compensation the employee would have received had he or she not been unlawfully discharged.

Question 12

hostile environment harassment

Answer 12

The creation of a hostile working environment, such as continually subjecting an employee to ridicule and racial slurs, or unwanted sexual advances.

Question 13

major life activity

Answer 13

Under the Americans with Disabilities Act, an activity that an average person can perform with little or no difficulty, such as walking, seeing, hearing, and speaking.

Question 14

quid pro quo harassment

Answer 14

The specific, job-related adverse action, such as denial of a promotion, in retaliation for a worker’s refusal to respond to a supervisor’s sexual advances.

Question 15

reasonable accommodation (disability)

Answer 15

A requirement that an employer takes steps necessary to reasonably accommodate an employee’s disability or religious practices.

Question 16

reasonable factor other than age (RFOA) defense

Answer 16

In an age discrimination case, an employer’s affirmative defense that its actions were based on reasonable factors other than age. Contrast with business necessity.

Question 17

sexual stereotyping

Answer 17

Discrimination against employees because they are not “manly” enough men or “womanly” enough women. Illegal under Title VII of Civil Rights Act.

Question 18

undue hardship

Answer 18

An affirmative defense under the Americans with Disabilities Act that relieves an employer of the obligation to make reasonable accommodations for an employee’s disability because doing so would constitute an undue hardship for the employer.