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Legal & Regulatory Aspects of FP > Chapter 19 - Employment Discrimination > Flashcards

Chapter 19 - Employment Discrimination Flashcards

1
Q

What did the Equal Pay Act of 1963 do?

A

Made it so an employee may not be paid at a lesser rate than employees of the opposite sex for equal work.

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2
Q

What does ‘equal work’ mean?

A

Means tasks that require equal skill, effort, and responsibility under similar working conditions.

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3
Q

What are the exceptions to an employer being liable for paying different wages for the same job? 4 (1 includes 5 subreasons)

A
  • Merit
  • Productivity
  • Seniority
  • Factor other than sex. Includes:
    • prior wages
    • training
    • profitability
    • performance in an interview
    • value to the company.
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4
Q

What did Title VII of the Civil Rights Act of 1964 prohibit discrimination based off? What does it specifically prohibit?

A

Made it illegal for employers to discriminate based off of race, color, religion, sex, or national origin. Specifically it prohibits 1) discrimination in the workplace, 2) Sexual harassment, and 3) discrimination because of pregnancy.

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5
Q

What does discrimination mean under Title VII of the Civil Rights Act of 1964? 3 What stage of employment does it apply to? What parts of a job are included in what is protected from discrimination.? 4

A
  • Means firing, failing to promote, or otherwise reducing a person’s employment opportunities.
  • It applies to every stage of the employment process from job ads to post-employment references
  • It includes placement, wages, benefits, and working conditions.
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6
Q

What are the two ways plaintiffs in Title VII cases can prove discrimination?

A

Disparate Treatment
or
Disparate Impact

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7
Q

What does a plaintiff have to prove in a Title VII case under disparate treatment?

A

They must show she was TREATED differently because of her sex, race, color, religion, or national origin.

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8
Q

What are the required steps in a Title VII Disparate Treatment case needed to win?

A

Step 1 - The plaintiff presents evidence that the defendant discriminated against her because of protected trait. The plaintiff is not required to prove discrimination; she needs only to create a presumption that discrimination occurred.
Step 2 - The defendant must present evidence that its decision was based on legitimate, nondiscriminatory reasons.
Step 3 - To win, the plaintiff must now prove that the employer discriminated. She may do so by showing that the reasons offered were simply a pretext.

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9
Q

What is a Prima Facie case?

A

When the plaintiff presents evidence that the defendant has discriminated against her because of protected trait.

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10
Q

What does a plaintiff have to prove in a Title VII case under disparate impact?

A

They have to prove that an employer has a rule that, on its face, is not discriminatory, but in practice it excludes too many people in a protected group, regardless of intent.

! - The mere existence of a disparate impact does not mean that an employment practice violates the law.

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11
Q

What is the landmark case regarding disparate impact?

A

Griggs v. Duke Power Co - New hires needed to have a high school diploma or good scores on a couple tests.

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12
Q

What principle did the case Griggs v. Duke Power Co illustrate?

A

Disparate Impact

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13
Q

What are the steps in a disparate impact case?

A

Step 1 - The plaintiff must present a prima facie case. The plaintiff is not required to prove discrimination, he only needs to show a disparate impact- that the employment practice in question excludes a disproportionate number of people in a protected group.
Step 2 - The defendant must offer some evidence that the employment practice was a job-related business necessity.
Step 3 - To win, the plaintiff must now prove either that the employers reason is a pretext or that other, less discriminatory rules would achieve the same result.

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14
Q

What does Title VII do about retaliation?

A

It not only prohibits discrimination, it also penalizes employers who retaliate against workers for complaining about discrimination.

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15
Q

What do companies need to do regarding a person’s religion?

A

Employers must make reasonable accommodation for a worker’s religious beliefs unless the request would cause undue hardship for the business.

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16
Q

Under Title VII, what are the defendants three possible defenses against charges of discrimination?

A

Merit
Seniority
Bona Fide Occupational Qualification

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17
Q

What is the defense of merit in a Title VII discrimination case?

A

If they show that the person favored was the most qualified. Test results, education, or productivity can all be used to demonstrate merit, provided they relate to the job in question.

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18
Q

What is the defense of seniority in a Title VII discrimination case?

A

A legitimate seniority system is legal even if it perpetuates past discrimination.

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19
Q

What is the defense of bona fide occupational qualification in a Title VII discrimination case?

A

An employer is permitted to establish discriminatory job requirements if they are essential to the position in question. The business must show that it cannot fulfill its primary function unless it discriminates in this way. Companies cannot say that they discriminate based on customer preference. A major exception being sexual privacy.

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20
Q

What is Title VII’s stance on affirmative action?

A

It is not required nor prohibited.

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21
Q

What are the three sources of affirmative action programs?

A
  1. Litigation - Courts have the power under Title VII to order affirmative action to remedy the effects of past discrimination.
  2. Voluntary Action - Employers can voluntarily introduce an affirmative action plan to remedy the effects of past practices or to achieve an equitable representation of minorities and women.
  3. Government Contracts - In 1965, LBJ signed Executive Order 11246, which prohibits discrimination by federal contractors. If an employer found that women or minorities were underrepresented in its workplace, it was required to establish goals and timetables to correct the deficiency.
22
Q

In 1995, what did the Supreme Court rule regarding Affirmative Action?

A

The programs are permissible only is 1) The government can show that the programs are needed to overcome specific past discrimination; 2) They have time limits, and 3) Nondiscriminatory alternatives are not available.

23
Q

What is sexual harassment?

A

Involves unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature.

24
Q

What is Quid Pro Quo?

A

A Latin phrase that means ‘one thing in return for another’.

25
Q

When does quid pro quo harassment occur?

A

It occurs if any aspect of a job is made contingent upon sexual activity.

26
Q

What are the two major categories of sexual harassment?

A

Quid Pro Quo and Hostile Work Environment

27
Q

What is hostile work environment related sexual harassment?

A

An employee has a valid claim of sexual harassment if sexual talk or innuendo are so pervasive that they interfere with their ability to work. Courts have found that offensive jokes, comments about clothes or body parts, and public displays on pornographic pictures create a hostile environment.

28
Q

What has the supreme court found about a company’s liability in sexual harassment suits?

A
  • If the victimized employee has suffered a “tangible employment action” such as firing, demotion, or reassignment, the company is liable to her for sexual harassment by a supervisor.
  • Even if the victimized employee has not suffered a tangible employment action, the company is liable unless it can prove that 1) it used reasonable care to prevent and correct sexually harassing behavior; and 2) the employee unreasonably failed to take advantage of the company’s complaint procedures.
29
Q

What happens before a plaintiff can bring suit under Title VII?

A
  • Must file a complaint with the federal Equal Employment Opportunity Commission. (They must file within 180 days of wrongdoing)
  • The EEOC then has the right to sue on behalf of the plaintiff.
  • If the EEOC decides not to bring the case or does not make a decision within six months, it issues a Right To Sue Letter, and the plaintiff may proceed on her own in court.
30
Q

What are the remedies available to a successful plaintiff under Title VII? 6 What are employers doing to minimize the damages collected by an employee that wins a case?

A 
Hiring
Reinstatement
Retroactive Seniority
Back Pay
Reasonable Attorney's Fees
Damages Up to $300,000

Require mandatory arbitration, not litigation, where often they don’t make out as well as they would have in court

31
Q

What does the Pregnancy Discrimination Act of 1978 state?

A

An employer may not fire or refuse to hire a woman because she is pregnant. It protects a woman’s right to terminate a pregnancy. An employer cannot fire a woman for having an abortion.

32
Q

What have the courts held regarding parenthood under Title VII?

A

Held that unequal treatment of a person, because of their being, or not being a parent, is a violation of Title VII (Mothers in particular)

33
Q

What does the Age Discrimination In Employment Act of 1967 do?

A

Prohibits age discrimination against employees or job applicants who are at least 40 years old. An employer may not fire, refuse to hire, fail to promote, or otherwise reduce a person’s employment opportunities because he is 40 or older. Employers may not require workers to retire at any age (with a few exceptions, such as police officers and top-level corporate executives)

34
Q

What must a plaintiff do to win a case under the ADEA?

A

Must show that age was not just one factor, it was the deciding factor.

35
Q

What is the ADEA policy about replace older workers with younger ones because they are cheaper to employ?

A

It allows it.

36
Q

What is a disabled person?

A

Someone with a physical or mental impairment that substantially limits a major life activity, or someone who is regarded as having such an impairment.

37
Q

What does the Americans with Disabilities Act do? What can employers do and not do? 5

A

Prohibits employers from discriminating on the basis of disability.

  • An employer may not refuse to hire or promote a disabled person so long as she can, with reasonable accommodation, perform the essential function of the job. An accommodation is not reasonable if it would create undue hardship for the employer.
  • An employer may not ask about disabilities before making a job offer
  • An employer cannot require applicants to take a medical exam unless the exam is 1) job related, and 2) required for all applicants of similar jobs.
  • After a job offer has been made, an employer may require a medical test, but it must be related to the essential functions of the job.
  • An employer may not discriminate against someone because of his relationship with a disabled person.
38
Q

What does major life activity include under the definition of disabled person?

A 
Caring for oneself
Performing manual tasks
Seeing
Hearing
Eating
Sleeping
Walking
Standing
Lifting
Bending
Speaking
Breathing
Learning
Reading
Concentrating
Thinking
Communicating
Working
39
Q

What does the definition of disabled person not include?

A

Current use of drugs, sexual disorders, pyromania, exhibitionism, or compulsive gambling.

40
Q

What does the Genetic Information Nondiscrimination Act do?

A

It states the employers (with 15 or more workers) may not require genetic testing or discriminate against workers because of their genetic makeup. Nor may health insurers use such information to decide coverage or premiums. So neither insurer nor employer may require you to provide family medical history.

41
Q

Valid defenses to charges of discrimination include all of the following, except:

  1. Bona fide occupational qualification
  2. Merit
  3. Seniority
  4. Test scores
A

4

42
Q

Maude was denied employment with Trucks R Us as a warehouse worker because she didn’t meet the weight requirement of 160 pounds. Trucks argued the weight requirement was reasonable because warehouse workers often have to lift things weighing up to 100 pounds. If she sues Trucks, she will probably:

  1. lose, as the weight requirement seems like a reasonable occupational requirement.
  2. win, as the weight requirement is discriminatory and doesn’t appear necessary for the requirement of lifting 100 pounds.
  3. lose, as the 160-pound requirement doesn’t discriminate.
  4. win, as the employer specifically cannot have a weight requirement.
A

2

43
Q

Mark was refused employment at a Christian Bookstore because he was not a “born-again Christian.” If Mark brings a Title VII action against the bookstore, its best defense would be:

  1. they did not discriminate against a protected category.
  2. they could not reasonably accommodate Mark.
  3. Title VII doesn’t apply to private businesses.
  4. being a “born-again Christian” is a bona fide occupational requirement.
A

4

44
Q

To prove a disparate impact case, the plaintiff must:

  1. show that any reasoning presented by the defendant is just a pretext, not legitimate reasons for the treatment.
  2. only show that the employer has a rule that excludes too many people in a protected group.
  3. prove that the defendant has discriminated similarly in the past.
  4. provide a witness who testifies that the defendant intentionally discriminated.
A

2

45
Q

Which of the following would probably not be required of employers to reasonably accommodate for religious beliefs?

  1. flexible scheduling.
  2. allowing employees to switch work schedules.
  3. reassigning employees within the company.
  4. closing the business on Sundays.
A

4

46
Q

The definition of a major life activity (used in determining if a person is disabled) includes:

  1. compulsive gambling
  2. sexual disorders
  3. walking
  4. drug use
A

3

47
Q

Which of the following is NOT an available remedy for infractions of Title VII?

  1. retroactive seniority
  2. punitive damages up to $1 million
  3. job reinstatement
  4. reasonable attorney fees
A

2

48
Q

Laura intends to file a Title VII lawsuit against her employer. Which of the following is true?

  1. Laura must first submit her claim to a state civil rights commission before she may proceed with her lawsuit.
  2. If the EEOC determines Laura has no case against her employer, she may not file a lawsuit.
  3. Laura may initiate a lawsuit or file with the EEOC as she so elects.
  4. Laura is required to first submit her claim to the Equal Employment Opportunity Commission.
A

4

49
Q

When determining if an accommodation for a disability is reasonable, courts consider:

  1. if it imposes undue hardship on the company
  2. fairness to other workers
  3. the value of the employee
  4. the cost of the accommodation
A

1

50
Q

Title VII does NOT prohibit:

  1. sexual harassment
  2. discrimination because of pregnancy.
  3. discrimination in the workplace
  4. employment tests.
A

4

Legal & Regulatory Aspects of FP (26 decks)

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