Chapter 14 Critical Legal Question

Question 1

Under common law, what were employers free to do?

Answer 1

hire or not hire anyone he wanted

Question 2

List 5 major Federal anti-discrimination laws:

Answer 2

(1) The Equal Pay Act of 1963
(2) The Civil Rights Act of 1964
(3) THe Pregnancy Discrimination Act of 1978
(4) The Age Discrimination in Employment Act of 1967 and 1975
(5) The Americans with Disabilities Act of 1990

Question 3

What duty do anti-discrimination laws impose upon employers?

Answer 3

a duty of nondiscrimination

Question 4

What is the modern restriction on the common law right to hire anybody for any reason?

Answer 4

intrusion of government into private enterprise

Question 5

What four parts of the Constitution make discrimination illegal?

Answer 5

(1) the 5th amendment
(2) the 14th amendment
(3) the Commerce Clause
(4) the 13th amendment

Question 6

What “simple problem” did the Equal Pay Act mean to address?

Answer 6

women not being paid as much as men for the same work

Question 7

In general, what did the Equal Pay Act say?

Answer 7

the employer cannot pay men and women of the same seniority different amounts for the same work

Question 8

What Federal agency is charged with enforcing the Equal Pay Act?

Answer 8

The Equal Employment Opportunity Commission

Question 9

What 3 ways can the Act be enforced?

Answer 9

(1) can sue on behalf of those discriminated against
(2) request injunctions
(3) private individuals can bring suits of their own

Question 10

What court decision represented a high point as the civil-rights movement gained momentum?

Answer 10

Brown v. Board of Education of Topeka, Kansas

Question 11

When did the Brown v. Board of Education of Topeka case take place?

Answer 11

1954

Question 12

What did the Civil Rights Act of 1964 end?

Answer 12

apartheid in America (removed legal foundation against different races)

Question 13

What does the Civil Rights Act prohibit?

Answer 13

employers from discrimination of hiring, terminating, compensation, terms, conditions, and privileges of employment

Question 14

To what 5 classes of people does the Civil Rights Act affect?

Answer 14

race, color, religion, sex, or national origin

Question 15

How did Congress amend the Civil Rights Act in 1978?

Answer 15

by the Pregnancy Discrimination Act

Question 16

What does the Civil Rights act of 1978 provide?

Answer 16

protection to women who are pregnant or give birth

Question 17

What did the equal Employment Opportunity Commission add to its guidelines in 1980?

Answer 17

prohibitions against sexual harassment

Question 18

What does sexual harassment include?

Answer 18

demanding sexual favors in return for hiring promotion or retention, creating an atmosphere of sexual suggestion affecting job performance

Question 19

What must employers adopt for dealing with sexual harassment?

Answer 19

specific policies and consequences for dealing with those with sexual harassment

Question 20

Does the Civil Rights Act of 1964 protect person s on the basis of “sexual preference” or transsexuality (sexual minorities)?

Answer 20

No

Question 21

Does the Civil Rights Act of 1964 require that employers guarantee every employee religious freedom?

Answer 21

NOPE, BUT: employers should reasonably accommodate an employee’s religious observance or practice

Question 22

What must employers provide regarding their employees religious beliefs?

Answer 22

understanding of employee’s religious beliefs

Question 23

Who is covered by the Civil Rights Act of 1964?

Answer 23

any employer engaged in an industy affecting interstate commerce and has 15 or more employees.

Question 24

Who does the Civil RIghts Act of 1964 no apply to?

Answer 24

indian tribes or religious institutions or religious schools and colleges with respect to hiring people for performance of religious activities or for employment with such educational establishments

Question 25

What are three possible types of discrimination?

Answer 25

(1) overt
(2) inferred (disparate treatment)
(3) seemingly neutral with discriminatory affect (disparate impact)

Question 26

What is a defense to a claim of disparate treatment?

Answer 26

Bona Fide Occupational Qualification

Question 27

What 3 categories (classes of persons) does the defense apply to?

Answer 27

religion, sex, or national origin

Question 28

What two categories does the defense of disparate treatment not apply to?

Answer 28

race or color

Question 29

What does the Equal Employment Opportunity Office administer?

Answer 29

regulations and guidelines in a quasi-legislative capacity

Question 30

What does the Age Discrimination in Employment Act make illegal?

Answer 30

discrimination in employment against persons of 40 years of age or older?

Question 31

When was the Americans with Disabilities Act adopted?

Answer 31

May 1990