Chapter 14 Flashcards
Under common law, what were employers free to do?
Free to hire or not hire anyone they wanted
Be able to list the five major Federal antidiscrimination laws.
Equal pay act of 1963
Civil rights act of 1964 and its amendments in ’72 and ‘91
Pregnancy discrimination act of 1978
Age discrimination in employment act of 1967 and ‘75
Americans with disabilities act of 1990
What duty do these laws impose upon employers?
A duty of nondiscrimination
Describe the modern restriction on the common law right to hire anybody for any reason. Be able to identify the four parts of the Constitution that provide the authority for imposing this restriction.
5th: makes discrimination by the gov illegal
14th: makes discrimination by the state gov.’s illegal
Commerce clause & 13th amendment: both make discrimination by private persons illegal
What “simple problem” did the Equal Pay Act mean to address? What did the Act generally say?
Women were not paid as much as men for the same work
It said that an employer cannot pay men and women of the same seniority different amounts for the same work
What Federal agency is charged with enforcing the Equal Pay Act?
Identify three ways the Equal Pay Act can be enforced.
Federal agency charged is the Equal Employment Opportunity Commission.
Sue on behalf of those who have proven discrimination
Request injunctions
Private individuals can bring suits on their own
What court decision represented a high point as the civil rights movement gained momentum and what year was that case decided?
Brown vs. board of education, 1954
What did the Civil Rights Act of 1964 end?
Apartheid in America
What are the many employment related activities the Civil Rights Act prohibits for what five categories (or classes) of persons?
Prohibits discrimination by employers in hiring, termination, compensation, terms, conditions, and privileges of employment, and in limiting, segregating, or classifying employees or applicants based on these 5 categories: Race Color Religion Sex National origin
How did Congress amend the Civil Rights Act in 1978? What does this amendment provide?
Added the Pregnancy Discrimination Act. Provides that employers cannot discriminate against pregnany women or women who give birth.
What did the Equal Employment Opportunity Commission add to its guidelines in 1980?
Added on sexual discrimination prohibitions against sexual harassment
What does sexual harassment include?
Demanding sexy favors in return for hiring or promotion (called “quid pro quo”)
Creating an atmosphere of sexual suggestion (jokes, comments, or physical contact) affecting job performance
Does the Civil Rights Act of 1964 protect persons on the basis of “sexual preference” or trans sexuality (sexual minorities)?
There is no title VII protection for sexual preference
Does the Civil Rights Act of 1964 require that employers guarantee every employee religious freedom? If not, what must employers provide regarding their employees religious beliefs?
the employers obligation is not to guarantee every employee “religious freedom” but rather to reasonably accommodate an employees religious observance or practice
Describe employers who are covered by the Civil Rights Act of 1964. Who does the Act not apply to?
Any employer that is engaged in an industry affecting interstate commerce and that has 15 or more employees. Also covers labor unions, employment agencies and state and local governments.
Does not apply to Indian tribes or to religious institutions, schools and colleges
When it comes to proving discrimination, be able to identify and briefly describe the three possible types of discrimination.
Overt discrimination: if employer says “we don’t hire women”
Inferred discrimination:
• Disparate Treatment: the single person/employee alleges that they have been treated worse than other employees because of race, sex, etc.
• Disparate Impact: the employer has a discriminatory effect on entire groups as opposed to single person
What is a defense to a claim of disparate treatment? What three categories (classes of persons) does the defense apply to?
Bona Fide Occupational Qualification
3 categories:
• religion, sex or national origin
What two categories does the defense to a claim of disparate treatment not apply to?
Race or color
What RULE OF LAW is applied to the analysis of government Affirmative Action programs?
Executive order no. 11,246
Does it matter if the racial classification is “benign” or not?
If it is in violation of the constitution it does not matter if it is benign (it was meant to benefit a minority, not oppress)
What does the Equal Employment Opportunity Office administer?
Promulgates regulations and guidelines in a quasi-legislative capacity
What does the Age Discrimination in Employment Act make illegal discrimination?
Most discrimination in employment against persons 40 years of age or older
When was the age discrimination act first passed and when was it amended?
Passed in 1967, amended in 86
When was the Americans with Disabilities Act adopted?
May 1990
