Chapter 3 Flashcards
EEO investigator pg. 119
Employee of the EEOC who reviews title VII complaints for merit
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After appropriate investigation, the EEOC makes a determination as to whether there is a reasonable cause-EEOC finding that title VII was violated
Reasonable cause pg. 118
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Title VII go to EEOC Post Civil War are on their own with their attorney (Read page 123)
Title VII vs. Post Civil War claims pg. 123
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Employee of the EEOC who reviews title VII complaints for merit
EEO investigator pg. 119
de novo review pg. 119
complete new look at an administrative case by the reviewing court
no reasonable cause pg.118
EEOC finding that evidence indicates no reasonable basis to believe title VII was violated- also called right to sue letter
Prohibitions under the post civil war statues codified as sections 1981, 1983 and 1985 (connect question)
- concerted effort to deny someone their rights based on race 2.Discrimination on the basis of race on making and enforcing contracts
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complete new look at an administrative case by the reviewing court
de novo review pg. 119
claimant or charging party pg. 115
the person who brings an action alleging violation of title VII like a nonfederal employee who believes they have experienced employment discrimination
Title VII vs. Post Civil War claims pg. 123
Title VII go to EEOC Post Civil War are on their own with their attorney (Read page 123)
Black codes pg. 122
mostly revisions of their pre-civil war “slave codes”- that codified discrimination on the basis of race and limited the rights of the newly free slaves
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Letter given by the EEOC to claimants, notifying them of the EEOC’s NO-CAUSE finding and informing them of their right to pursue their claim in court. This is when the employee is given a dismal and notice of rights (Right to sue letters will be issued Automatically when no cause of action is found. ***Employees don’t have to request it or take action to get one-Employees next step after no cause of action is judicial review***
right-to-sue letter pg. 118
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requirements under title VII that certain documents must be maintained and periodically reported to the EEOC
record keeping and reporting requirements pg. 116
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under color of state law
when person A discriminates against person B while acting on behalf of the government, person A is acting
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which employees agree to have their claims mediated by the EEOC when discrimination charges are filed
universal mediation agreements pg. 117
706 Agency(named for the section of the law that permits them) pg. 116
state agency that handles EEOC claims under a work-sharing agreement with the EEOC
person alleged to have violated title VII, usually the employer
respondent or responding party pg. 117
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public governmental and private nongovernmental employees alike. Title VII covers all levels of employees. It covers American citizens working for employers outside of the U.S. ( like a company like BP-British Petroleum). It covers non U.S. citizens employed by American employers outside the U.S.
title VII applies to ( who is covered ) pg.112
when person A discriminates against person B while acting on behalf of the government, person A is acting
under color of state law
mostly revisions of their pre-civil war “slave codes”- that codified discrimination on the basis of race and limited the rights of the newly free slaves
Black codes pg. 122
title VII applies to ( who is covered ) pg.112
public governmental and private nongovernmental employees alike. Title VII covers all levels of employees. It covers American citizens working for employers outside of the U.S. ( like a company like BP-British Petroleum). It covers non U.S. citizens employed by American employers outside the U.S.
Two drawback for employees in arbitration pg. 120
1) When trying to obtain employment, potential employees generally feel they have little choice about signing away their rights to go to court 2) once a case goes to arbitration, the arbitrator’s decision is not subject to judicial review by the courts unless the decision can be shown to be the result of fraud or collusion, is unconstitutional, or suffers some similar malady
Mandatory arbitration agreement pg. 120
agreement an employee signs as a condition of employment, requiring that workplace disputes be arbitrated rather than liquidated
right-to-sue letter pg. 118
Letter given by the EEOC to claimants, notifying them of the EEOC’s NO-CAUSE finding and informing them of their right to pursue their claim in court. This is when the employee is given a dismal and notice of rights (Right to sue letters will be issued Automatically when no cause of action is found. ***Employees don’t have to request it or take action to get one-Employees next step after no cause of action is judicial review***
record keeping and reporting requirements pg. 116
requirements under title VII that certain documents must be maintained and periodically reported to the EEOC
reverfseared
- concerted effort to deny someone their rights based on race 2.Discrimination on the basis of race on making and enforcing contracts
Prohibitions under the post civil war statues codified as sections 1981, 1983 and 1985 (connect question)
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prohibit discrimination on the basis of race in making and enforcing contracts; prohibit the denial of civil rights on the basis of race by someone behaving as if they are acting on behalf of the government
Under color of state law pg.123
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Passed in 1865 to enforce the new status of the ex-slaves as free citizens 3 Main pre-title VII laws: 1) All persons within the jurisdiction of the United States shall have the same right in every State and Territory to make and enforce contracts… as is enjoyed by white citizens. ( section 1981) 2) Every person who, under color of any statute, ordinance, regulation, etc. shall be liable to the party injured in an action of law, suit in equity, or other proper proceeding for redress. (section 1983) 3) If persons dressed up (Ku Klux Can) and injured people, the party so injured or deprived may have an action for the recovery of damages
Reconstruction Civil Rights known as post Civil War statues pg. 122
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the person who brings an action alleging violation of title VII like a nonfederal employee who believes they have experienced employment discrimination
claimant or charging party pg. 115
universal mediation agreements pg. 117
which employees agree to have their claims mediated by the EEOC when discrimination charges are filed
Judicial Review pg. 119
Court review of an agency’s decision
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education, employment, public accommodations, and the receipt of federal funds on the basis of race, color, gender, national origin, and religion
Civil rights act of 1964 prohibits discrimination in
pg 101
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attempting to reach agreement on a claim through discussion, without resort to litigation
conciliation pg. 116
Under color of state law pg.123
prohibit discrimination on the basis of race in making and enforcing contracts; prohibit the denial of civil rights on the basis of race by someone behaving as if they are acting on behalf of the government
Civil rights act of 1964 prohibits discrimination in
education, employment, public accommodations, and the receipt of federal funds on the basis of race, color, gender, national origin, and religion
conciliation pg. 116
attempting to reach agreement on a claim through discussion, without resort to litigation
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EEOC finding that evidence indicates no reasonable basis to believe title VII was violated
no reasonable cause pg.118
title VII applies to ( who must comply) pg. 112
employers, unions, and joint labor and management committees making admission, referral, training, and other decisions, and to employment agencies and other similar hiring entities making referrals for employment. It applies to all private employers employing 15 or more employees, and to federal, state, and local governments.
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1) When trying to obtain employment, potential employees generally feel they have little choice about signing away their rights to go to court 2) once a case goes to arbitration, the arbitrator’s decision is not subject to judicial review by the courts unless the decision can be shown to be the result of fraud or collusion, is unconstitutional, or suffers some similar malady
Two drawback for employees in arbitration pg. 120
Reconstruction Civil Rights known as post Civil War statues pg. 122
Passed in 1865 to enforce the new status of the ex-slaves as free citizens 3 Main pre-title VII laws: 1) All persons within the jurisdiction of the United States shall have the same right in every State and Territory to make and enforce contracts… as is enjoyed by white citizens. ( section 1981) 2) Every person who, under color of any statute, ordinance, regulation, etc. shall be liable to the party injured in an action of law, suit in equity, or other proper proceeding for redress. (section 1983) 3) If persons dressed up (Ku Klux Can) and injured people, the party so injured or deprived may have an action for the recovery of damages
Peonage Laws pg. 101
allowed blacks without the means of making bail to be arrested for virtually anything ( or, actually, nothing at all), then “loaned out” by the sheriff to white farmers or others needing cheap labor, ostensibly under the guise of working off their bond.
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`when the EEOC finds reasonable cause for the employee to charge the employer with discrimination, it will attempt to have the parties meet together and conciliate the matter with an EEO investigator
reasonable cause finding pg.118
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agreement an employee signs as a condition of employment, requiring that workplace disputes be arbitrated rather than liquidated
Mandatory arbitration agreement pg. 120
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state agency that handles EEOC claims under a work-sharing agreement with the EEOC
706 Agency(named for the section of the law that permits them) pg. 116
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Court review of an agency’s decision
Judicial Review pg. 119
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employers, unions, and joint labor and management committees making admission, referral, training, and other decisions, and to employment agencies and other similar hiring entities making referrals for employment. It applies to all private employers employing 15 or more employees, and to federal, state, and local governments.
title VII applies to ( who must comply) pg. 112
reverfseared
allowed blacks without the means of making bail to be arrested for virtually anything ( or, actually, nothing at all), then “loaned out” by the sheriff to white farmers or others needing cheap labor, ostensibly under the guise of working off their bond.
Peonage Laws pg. 101
respondent or responding party pg. 117
person alleged to have violated title VII, usually the employer
reasonable cause finding pg.118
`when the EEOC finds reasonable cause for the employee to charge the employer with discrimination, it will attempt to have the parties meet together and conciliate the matter with an EEO investigator
Reasonable cause pg. 118
After appropriate investigation, the EEOC makes a determination as to whether there is a reasonable cause-EEOC finding that title VII was violated
It handles cases involving most government agaencies such as police and fire departments
US Dept of Justice
enforces executive order 11246
Office of federal contract compliance programs
Equal Employment Oppurtunity Commision provides
guidelines to employees for dealing with employment discrimnation laws
