Chapter 3 Flashcards

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1
Q

EEO investigator pg. 119

A

Employee of the EEOC who reviews title VII complaints for merit

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2
Q

reverfseared

After appropriate investigation, the EEOC makes a determination as to whether there is a reasonable cause-EEOC finding that title VII was violated

A

Reasonable cause pg. 118

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3
Q

reverfseared

Title VII go to EEOC Post Civil War are on their own with their attorney (Read page 123)

A

Title VII vs. Post Civil War claims pg. 123

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4
Q

reverfseared

Employee of the EEOC who reviews title VII complaints for merit

A

EEO investigator pg. 119

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5
Q

de novo review pg. 119

A

complete new look at an administrative case by the reviewing court

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6
Q

no reasonable cause pg.118

A

EEOC finding that evidence indicates no reasonable basis to believe title VII was violated- also called right to sue letter

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7
Q

Prohibitions under the post civil war statues codified as sections 1981, 1983 and 1985 (connect question)

A
  1. 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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8
Q

reverfseared

complete new look at an administrative case by the reviewing court

A

de novo review pg. 119

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9
Q

claimant or charging party pg. 115

A

the person who brings an action alleging violation of title VII like a nonfederal employee who believes they have experienced employment discrimination

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10
Q

Title VII vs. Post Civil War claims pg. 123

A

Title VII go to EEOC Post Civil War are on their own with their attorney (Read page 123)

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11
Q

Black codes pg. 122

A

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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12
Q

reverfseared

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***

A

right-to-sue letter pg. 118

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13
Q

reverfseared

requirements under title VII that certain documents must be maintained and periodically reported to the EEOC

A

record keeping and reporting requirements pg. 116

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14
Q

reverfseared

under color of state law

A

when person A discriminates against person B while acting on behalf of the government, person A is acting

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15
Q

reverfseared

which employees agree to have their claims mediated by the EEOC when discrimination charges are filed

A

universal mediation agreements pg. 117

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16
Q

706 Agency(named for the section of the law that permits them) pg. 116

A

state agency that handles EEOC claims under a work-sharing agreement with the EEOC

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17
Q

person alleged to have violated title VII, usually the employer

A

respondent or responding party pg. 117

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18
Q

reverfseared

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.

A

title VII applies to ( who is covered ) pg.112

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19
Q

when person A discriminates against person B while acting on behalf of the government, person A is acting

A

under color of state law

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20
Q

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

A

Black codes pg. 122

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21
Q

title VII applies to ( who is covered ) pg.112

A

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.

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22
Q

Two drawback for employees in arbitration pg. 120

A

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

23
Q

Mandatory arbitration agreement pg. 120

A

agreement an employee signs as a condition of employment, requiring that workplace disputes be arbitrated rather than liquidated

24
Q

right-to-sue letter pg. 118

A

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***

25
Q

record keeping and reporting requirements pg. 116

A

requirements under title VII that certain documents must be maintained and periodically reported to the EEOC

26
Q

reverfseared

  1. concerted effort to deny someone their rights based on race 2.Discrimination on the basis of race on making and enforcing contracts
A

Prohibitions under the post civil war statues codified as sections 1981, 1983 and 1985 (connect question)

27
Q

reverfseared

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

A

Under color of state law pg.123

28
Q

reverfseared

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

A

Reconstruction Civil Rights known as post Civil War statues pg. 122

29
Q

reverfseared

the person who brings an action alleging violation of title VII like a nonfederal employee who believes they have experienced employment discrimination

A

claimant or charging party pg. 115

30
Q

universal mediation agreements pg. 117

A

which employees agree to have their claims mediated by the EEOC when discrimination charges are filed

31
Q

Judicial Review pg. 119

A

Court review of an agency’s decision

32
Q

reverfseared

education, employment, public accommodations, and the receipt of federal funds on the basis of race, color, gender, national origin, and religion

A

Civil rights act of 1964 prohibits discrimination in

pg 101

33
Q

reverfseared

attempting to reach agreement on a claim through discussion, without resort to litigation

A

conciliation pg. 116

34
Q

Under color of state law pg.123

A

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

35
Q

Civil rights act of 1964 prohibits discrimination in

A

education, employment, public accommodations, and the receipt of federal funds on the basis of race, color, gender, national origin, and religion

36
Q

conciliation pg. 116

A

attempting to reach agreement on a claim through discussion, without resort to litigation

37
Q

reverfseared

EEOC finding that evidence indicates no reasonable basis to believe title VII was violated

A

no reasonable cause pg.118

38
Q

title VII applies to ( who must comply) pg. 112

A

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.

39
Q

reverfseared

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

A

Two drawback for employees in arbitration pg. 120

40
Q

Reconstruction Civil Rights known as post Civil War statues pg. 122

A

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

41
Q

Peonage Laws pg. 101

A

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.

42
Q

reverfseared

`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

A

reasonable cause finding pg.118

43
Q

reverfseared

agreement an employee signs as a condition of employment, requiring that workplace disputes be arbitrated rather than liquidated

A

Mandatory arbitration agreement pg. 120

44
Q

reverfseared

state agency that handles EEOC claims under a work-sharing agreement with the EEOC

A

706 Agency(named for the section of the law that permits them) pg. 116

45
Q

reverfseared

Court review of an agency’s decision

A

Judicial Review pg. 119

46
Q

reverfseared

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.

A

title VII applies to ( who must comply) pg. 112

47
Q

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.

A

Peonage Laws pg. 101

48
Q

respondent or responding party pg. 117

A

person alleged to have violated title VII, usually the employer

49
Q

reasonable cause finding pg.118

A

`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

50
Q

Reasonable cause pg. 118

A

After appropriate investigation, the EEOC makes a determination as to whether there is a reasonable cause-EEOC finding that title VII was violated

51
Q

It handles cases involving most government agaencies such as police and fire departments

A

US Dept of Justice

52
Q

enforces executive order 11246

A

Office of federal contract compliance programs

53
Q

Equal Employment Oppurtunity Commision provides

A

guidelines to employees for dealing with employment discrimnation laws