Chapter 16: Employment Discrimination Flashcards
Protected Class
persons defined by criteria of…
-Race
-Color
-National Origin
-Gender
-Sexual Orientation
-Religion
-Age
-Disability
-Military Status
Title VII (7) of the Civil Rights Act
Protects applications, employees, and union members against discrimination based on race, color, national origin, gender, & sexual orientation at any stage of employment.
Equal Employment Opportunity Commission (EEOC)
- You have to file a claim w/ the EEOC before suing employer for discrimination.
- Responsible for investigating dispute and try to reach out of court settlement.
- If no settlement is reached, they will file suit against employer on behalf of employee.
Disparate Treatment Discrimination
Intentional discrimination by employer against employee.
How does the plaintiff (employee) establish that a case involves disparate treatment discrimination?
they have to establish case as a prima facie case.
“Prima Facie” Latin meaning
“At first sight”
“Prima Facie” Legal Definition
Fact is presumed to be true unless contradicted by evidence.
Prima Facie Case
Plaintiff produces sufficient evidence for claim, and therefore case will be decided for plaintiff, UNLESS defendant can provide evidence that rebuts claim.
4 Requirements for Establishing a Prima Facie Case:
1) the Plaintiff is a member of a protected class.
2) Plaintiff applied & was qualified for job position.
3) Employer rejected plaintiff’s application.
4) Employer searched for other applicants who are not apart of protected class.
Disparate-Impact Discrimination
when protected class is discriminated by employer’s practices, tests, and procedures, even thought they’re not meant to be discriminatory.
Equal Pay Act
Requires that male and female employees be paid equally for doing the same job, under the same establishment.
A court will look at the ______________ of a job rather than job _______________ controls. If the difference in __________ is due to ____________, or ________________, (essentially everything other than ____________), then it does not violate the __________ ________ Act.
content; description; pay; merit; seniority; gender; Equal Pay
Constructive Discharge
When work conditions are so intolerable /invasive, that an employee feels reasonably compelled to leave.
In what cases is the Constructive Discharge Theory usually asserted?
Sexual Harassment.
Sexual Harassment
Demanding sexual favors for job benefit or promotion.
OR
Sexually offensive conduct that is so offensive that it creates a hostile work environment.
Types of Sexual Harassment
- Quid-Pro-Quo
- Hostile-Environment
Quid Pro Quo Latin Meaning
“Something in exchange for something else.”
Quid Pro Quo Harrassment
Exchanging sexual favors for a job benefit or promotion.
Hostile-Environment Harrassment
when a pattern of sexually offensive conduct runs throughout workplace, and employer has taken no steps to stop it.
Tangible Employment Action
Significant change in employment status or benefits, such as being fired, refusal of promoted, moved to a lesser position.
(E.g. As a supervisor, maybe one would say,
“I’m gonna have to let you go, but maybe I can pull some strings if…”
“No I’m not gonna give you a $500 bonus, but perhaps I could work something out if…”
“I was thinking I’d move you to sector _____, which certainly comes with less benefits, but perhaps I’ll move someone in your place if…”)
Ellerth / Faragher Affirmative Defenses
(Harassment by Supervisors)
1) Employer has taken reasonable steps to prevent and correct sexually-harassing behavior.
2) Plaintiff (The EMPLOYEE claiming they were harassed) failed to take preventive or corrective measures provided by employer.
Remedies under Title VII
1) Reinstatement
2) Back Pay
3) Retroactive Promotion
4) Damages
5) Compensatory Damages (intentional discrimination)
6) Punitive Damages (private employment)
Americans with Disabilities Act (ADA)
- Prohibits discrimination based on disabilities.
- Requires Employers to provide necessary accommodations to disabled employees unless doing so would create an undue hardship.
Requirements for Plaintiff to prevail in claim under Americans with Disabilities Act (ADA)
1) Plaintiff has a Disability.
2) Plaintiff is qualified for job position in question.
3) Employer denied plaintiff application solely because of his disability.
Reasonable Accommodation: An employer is not responsible for providing appropriate ________________ for a job ______________ and _______________ who is not qualified to do the _____________. However, if a job _______________ or ______________ can reasonably do the job with ________________ , then the employer is required to make an _________________.
accommodations; applicant; employee; work; applicant; employee; accommodations; accommodations
Undue Hardship (Disability Accommodation)
employer must prove adding accommodation to workplace for disable employees would cause an “undue hardship” where the accommodation is too expensive or difficult for the employer to integrate.
Job Application and Preemployment Exams (Disability Accommodation):
To ________________ for the needs of disabled people, the employer will have to change their job ______________ process, so ______________ and non-_____________ applicants alike stand a fair chance to compete for the job offer.
(E.g. Applications may have to be sent by email, and no longer strictly telephone because applicants may have a hearing impairment).
accommodate; application; disabled; non-disabled
Substance Abuse (Disability Accommodations):
____________ ________________ is considered a ____________ under the Americans with Disabilities Act (ADA). Those who regularly use ______________ drugs are not protected under the ADA, only those who have undergone or are currently undergoing a __________ - _______________ program. People who have used _________ once or twice (casually) in the past aren’t protected under the act because their frequency of usage doesn’t constitute _________________.
________________ is also considered a _____________ under the ADA. Employers are free to prohibit ______________ in the workplace, and may refuse to __________ those who are _________________ if 1) they pose a ___________ risk of ___________ to others and themselves, and 2) no accommodation can __________ the risk they pose.
drug addiction; disability; illegal; drug-rehabilitation; drugs; addition; Alcoholism; disability; alcohol; hire; alcoholics; substantial; harm; remedy
Health Insurance Plans:
Disabled employees are entitled to the same _____________ benefits that all other (non-_____________) employees enjoy, including coverage for ________________ conditions. The employer can cap the coverage _____________ receive but it requires that the ________________ coverage is capped for ______ employees and may not discriminate of the basis of _______________.
healthcare; non-disabled; preexisting; employees; healthcare; all; disability
Business Necessity (Defense to Employment Discrimination)
- Defense for Disparate Impact (Unintentional) Discrimination.
- Asserts that the business practices, tests, procedures that unintentionally discriminate against protected class individuals is necessary to assess job performance.
Bona Fide Occupational Qualification (BFOQ) (Defense to Employment Discrimination)
Discrimination against a certain protected class is necessary, such that a certain characteristic is needed for a job.
_________ is the only protected class characteristic that is _______ a Bona Fide Occupational Qualification
Race; NOT
Seniority System
Employees with more service, are promoted first, and laid off last.
