Chapter 16 Flashcards
Push toward civil rights in employment law began with select, key laws:
(1) The Equal Pay Act of 1963
(2) Title VII of the 1964 Civil Rights Act
Illegal to pay men & women employees different wages when their jobs require equal skill, effort, responsibility, and the same working conditions.
The Equal Pay Act of 1963
Cornerstone of federal employment discrimination law.
i. Prohibits discrimination and retaliation based on: Race, Color, Religion, Sex and National origin.
ii. Applies to employers of 15 or more persons.
Title VII of the 1964 Civil Rights Act
Protected Classes under Title VII:
(1) Race
(2) Color
(3) National Origin
(4) Religion
(5) Sex
Discrimination based on the following races: African American, White, American Indian or Alaskan Native, Native Hawaiian, Asian, Hispanic, or Latino.
Race
Discrimination based on shade of skin color.
Color
Discrimination based on the country where a person or their ancestors are from.
National Origin
Discrimination against religion observances and practice (includes atheism).
Religion
Discrimination on the basis of whether a person is male or female.
i. Individual states may add to this list, and include classes of discrimination based on items such as height or weight
Sex
Within the work-place, job criteria must be applied equally to members of all races.
Race-Based Discrimination
Can’t give members of one protected class preferential treatment over another protected class.
Reverse Discrimination (illegal)
True or False: If select races or women are underrepresented in a particular job category, it is legal for the employer to seek more qualified candidates of those races, or women, to increase participation in that job category.
True - Race-Based Discrimination
Includes all aspects of religious observances and practice.
Religious Discrimination
Religious Discrimination must:
Provide reasonable accommodation for employees’ religious practices.
Employer may discriminate religiously if:
Accommodation imposes undue hardship on the business.