Chapter 2 - Equal Opportunity and the Law

Question 1

Title VII of the 1964 Civil Rights Act

Answer 1

An employer cannot discriminate on the basis of race, color, religion, sex or national origin with respect to employment.

Question 2

Equal Employment Opportunity Commission

Answer 2

The commission, created by Title VII, is empowered to investigate job discrimination complaints and sue on behalf of complainants.

Question 3

Affirmative action

Answer 3

Steps that are taken for the purpose of eliminating the present effect of past discrimination.

Question 4

Office of Federal Contract Compliance programs (OFCCP)

Answer 4

This office is responsible for implementing the executive orders, and ensuring compliance of federal contractors.

Question 5

Equal Pay Act of 1963

Answer 5

Equal pay for equal work, regardless of sex.

Question 6

Age discrimination in Employment Act of 1967

Answer 6

Prohibits arbitrary age discrimination, specifically protecting individuals over 40 years.

Question 7

Vocational Rehabilitation Act of 1973

Answer 7

Require certain federal contractors to take affirmative action for disabled persons.

Question 8

Pregnancy Discrimination Act of 1978

Answer 8

An amendment to Title VII that prohibits sex discrimination based on pregnancy, child birth or related medical conditions.

Question 9

Uniform guidelines

Answer 9

Guidelines issued by federal agencies charged with ensuring compliance with equal employment federal legislation explaining recommended employer procedures in detail.

Question 10

Protected class

Answer 10

Persons such as minorities and women, protected by EO laws, including Title VII

Question 11

Civil Rights Act of 1991

Answer 11

Places the burden of proof back on employers. Permits compensatory and punitive damages.

Question 12

“Mixed motive” case

Answer 12

A discrimination allegation case where the employer argues that the employment action taken was not motivated by discrimination, but by some nondiscriminatory reasons. I.e. ineffective performance.

Question 13

Americans with Disabilities Act (ADA)

Answer 13

Prohibits discrimination against disabled person. Require employers to make reasonable accommodations for disabled employees.

Question 14

Qualified individuals

Answer 14

Under ADA; those who can carry out the essential functions of the job.

Question 15

What is sexual Harassment

Answer 15

Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of sexual nature that takes place under any of the following conditions: 1) Submission to such conduct is made either explicitly or implicitly a term or condition of an individuals employment. 2) Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual. 3) Such conduct has the purpose or effect of substantially interfering with the persons performance – or creating an intimidating, hostile or offensive work environment.

Question 16

Proving Sexual Harassment

Answer 16

There are three main ways someone can prove sexual harassment: 1) Quid Pro Quo. 2) Hostile Environment created by supervisors. 3) Hostile environment created by coworkers or nonemployees.

Question 17

Quid Pro Quo

Answer 17

When sexual favors are traded for employment or an employment benefit.

Question 18

Hostile Work Environment

Answer 18

When any unwelcome verbal or physical sexual behavior has the effect that makes the victim uncomfortable because of his or her sex. And has an impact on the victims performance in the workplace.

Question 19

Disparate treatment

Answer 19

Intentional discrimination

Question 20

Disparate impact

Answer 20

An employer engages in an employment practice or policy that has a greater adverse impact (effect) on the members of a protected group under Title VII than other employees, regardless of intent. I.e a rule that says employees need a college degree to do a particular job (because more white males than some minorities earn college degrees).

Question 21

Adverse Impact

Answer 21

The overall impact of employer practices that result in significantly higher percentages of members of minorities and other protected groups being rejected for employment, placement or promotion.

Question 22

Disparate Rejection Rates

Answer 22

A test for Adverse Impact that demonstrates discrepancy between rates of rejection of members of protected groups and others.

Question 23

4/5ths rule

Answer 23

Federal agency rule that a minority selection rate less than 4/5ths of that for the group with the highest rate is evidence of adverse impact.

Question 24

Restricted policy

Answer 24

A test for adverse impact, involving demonstration that an employers hiring practices exclude a protected group, whether intentionally or not. I.e policies of bartenders less than six feet tall.

Question 25

McDonnel-Douglas Test

Answer 25

U.S. Supreme Court sets four rules for applying the McDonnel-Douglas Test: 1) The persons belong to a protected class. 2) He or she applied, and was qualified for a job for which the employer was seeking applicants. 3) Despite this qualification he or she was rejected. 4) After hiss or her rejection the position remained open, and the employer continued seeking applications from people with the complainant’s qualifications.

Question 26

Acceptable defenses for a charge of discrimination

Answer 26

1) Bona fide occupational qualification (BFOQ). 2) Business necessity.

Question 27

Bona fide occupational qualification (BFOQ)

Answer 27

Requirement that an employee be of a certain religion, sex, national origin, age, race or disability status were that is reasonably necessary to the organization’s normal operation.

Question 28

Business necessity

Answer 28

There was an overriding business purpose for the discriminatory employment practice. Even though the employment practice resulted in adverse impact, the selection process was related to job performance thus justifying the results of the selection process.

Question 29

Alternative dispute resolution program

Answer 29

Grievance procedure that provides for binding arbitration as the last step.

Question 30

Diversity

Answer 30

The variety of multiplicity of demographic features that characterize a company’s workforce particularly in terms of race, sex, culture, national origin, handicap, age and religion.

Question 31

Discrimination

Answer 31

Taking specific actions toward or against a person based on the person’s group.

Question 32

Managing diversity

Answer 32

Maximizing diversity’s potential benefits while minimizing its potential barriers.

Question 33

Good faith effort strategy

Answer 33

An affirmative action strategy that emphasizes identifying and eliminating the obstacles to hiring and promoting women and minorities, and increasing the minority or female applicant flow.

Question 34

Reverse discrimination

Answer 34

Discriminating against non-minority applicants and employees.