Chapter 32 - Employment Discrimination

Question 1

Employment at Will

Answer 1

• An employer can fire an employee at any time for any reason and the employee can quit at any time for any reason.
• Exemptions exist - employer can’t violate the law when firing.

Question 2

Title VII of the Civil Rights Act of 1964

Answer 2

• “Protected Classes” - race, color, gender, national origin, religion.
• An employer can’t fire solely because of a class.

Question 3

Title VII - EEOC

Answer 3

• Equal Employment Opportunity Commission
• Investigates discrimination claims
• May bring actions against employers
• If EEOC doesn’t sue employer, the employee still can.
• Employee first makes claim with EEOC.

Question 4

Disparate Treatment

Answer 4

• Intentional Discrimination

Question 5

Disparate Impact

Answer 5

• Unintentional Discrimination

Question 6

Quid Pro Quo Harassment - Gender Discrimination

Answer 6

• “This for That”
• Severe Harrassment
• Direct solicitation; employer KNEW ABOUT IT or SHOULD HAVE KNOWN about it & FAILED TO REMEDY it.
• Employee was negatively affected by it (has burden to show this)

Question 7

Hostile Environment Harassment - Gender

Answer 7

• Not as serious

- Not as direct as quid pro quo, but still is sever and pervasive.

Question 8

Okoli v. City of Baltimore

Answer 8

• Okoli sued city as an ee because of harassment.
• Her boss had kissed her, asked explicit questions, shared fantasies.
• She asks him to stop and reported it to others, but they said nothing.
• SHE WON ON APPEALS.
• First lost at trial court because they thought the activity wasn’t too severe.

Question 9

Discrimination Based on Race, Color, or National Origin

Answer 9

• Same disparate treatment/impact tests apply.

Question 10

Ricci v. Destefano

Answer 10

• Firefighters had to take a test to be promoted.
• White fighter and one hispanic passed.
• City threw out scores.
• No promotions took place even though the test was taken.
• They sued and the court ruled that the firefighters won.
• The only reason not promoted was because they were white.

Question 11

Discrimination Based on Religion

Answer 11

• Employer must REASONABLY ACCOMODATE an employee’s religious practices unless it is an “UNDUE HARDSHIP” on the employer.

Question 12

Affirmative Action

Answer 12

• A method of remedying past racial and gender discrimination.
• Acceptable if no “quota” in place.

Question 13

Equal Pay Act (1963)

Answer 13

• Similar pay for similar work
• Employers can pay differently based on factors such as seniority, merit, production, shift differential, etc.
• If paying different, needs to be able to justify why.

Question 14

Business Necessity - Employer Defense

Answer 14

• Some qualifications are necessary to perform the job.

Question 15

BFOQ - Employer Defense

Answer 15

• Bonafide Occupational Qualification
• Only gender and religion
• Religious organizations can hire only those of the same religion.
• If the employer can establish you must be a female and reasons why, then they can hire only women.

Question 16

Seniority Systems - Employer Defense

Answer 16

• Can use seniority systems as a defense. They used a points per year system and so many points equal a promotion.