Chapter 33 Flashcards
The rights of all employees and job applicants (1) to be treated without discrimination and (2) to be able to sue employers if they are discriminated against.
equal opportunity in employment
The federal administrative agency that is responsible for enforcing most federal antidiscrimination laws.
Equal Employment Opportunity Commission (EEOC)
A letter issued by the EEOC if it chooses not to bring an action against an employer that authorizes a complainant to sue the employer for employment discrimination.
right to sue letter
A federal statute that permits a complainant to file an employment discrimination claim against an employer within 180 days of the most recent paycheck violation and to recover back pay for up to two years preceding the filing of the claim if similar violations occurred during the two-year period.
Lilly Ledbetter Fair Pay Act
A title of a federal statute enacted to eliminate job discrimination based on five protected classes: race, color, religion, sex, and national origin.
Title VII of the Civil Rights Act of 1964
A form of discrimination that occurs when an employer discriminates against a specific individual because of his or her race, color, national origin, sex, or religion.
disparate-treatment discrimination
A form of discrimination that occurs when an employer discriminates against an entire protected class. An example is discrimination in which a racially neutral employment practice or rule causes an adverse impact on a protected class.
disparate-impact discrimination
Employment discrimination against a person because of his or her race.
race discrimination.
Employment discrimination against a person because of his or her color; for example, a light-skinned person of a race discriminates against a dark-skinned person of the same race
color discrimination
A federal statute enacted after the Civil War that states that all persons “have the same right … to make and enforce contracts … as is enjoyed by white persons.” This act prohibits race and national origin discrimination.
Civil Rights Act of 1866
Employment discrimination against a person because of his or her heritage, cultural characteristics, or the country of the person’s ancestors.
national origin discrimination
Discrimination against a person because of his or her gender.
sex discrimination (gender discrimination)
A federal act that forbids employment discrimination because of pregnancy, childbirth, or related medical conditions.
pregnancy discrimination act
Refers to an individual’s romantic or sexual attraction to persons of the opposite sex or gender, the same sex or gender, or both sexes or more than one gender, or the person’s lack of sexual attraction to others
sexual orientation (sexual identity)
Refers to an individual’s internal sense of being a man, a woman, neither, or both.
gender identity
Commonly used initialism that stands for lesbian, gay, bisexual, transgender, and queer or questioning. generally refers to an individual’s sexual orientation or gender identity.
LGBTQ
An initialism often used to ensure inclusion of the entire spectrum of sexual orientation and gender identity.
LGBTQ+
Employment discrimination based on a person’s sexual orientation
sexual orientation discrimination
Employment discrimination based on a person’s gender identity
gender identity discrimination
A work environment where harassment of an employee because of his or her race, national origin, or gender is frequent, severe, humiliating, or physically threatening, or interferes with an employee’s work performance.
hostile work environment
Racial slurs, offensive or derogatory remarks about a person’s race, offensive name calling, or the display of racially offensive symbols
racial harassment
Offensive or derogatory remarks about a person’s national origin, offensive name calling, or the display of offensive symbols impinging a person’s national origin.
national origin harassment
Lewd remarks, touching, intimidation, posting of indecent materials, and other verbal or physical conduct of a sexual nature that occurs on the job.
sexual harassment (gender harassment)
A standard that is applied in determining whether sexual discrimination or sexual harassment has occurred that allows a case to be analyzed from the perspective of the female complainant and not of the defendant.
reasonable woman standard
Occurs when an employer does not make a reasonable accommodation for an employee’s religious observances, practices, or beliefs that could be done without causing an undue hardship on the employer.
religious discrimination
A true job qualification. Employment discrimination based on a protected class other than race or color is lawful if it is job-related and a business necessity. This exception is narrowly interpreted by the courts.
bona fide occupational qualification (BFOQ)
A federal statute that protects both sexes from pay discrimination based on sex. It extends to jobs that require equal skill, equal effort, equal responsibility, and similar working conditions.
Equal Pay Act
A federal statute that prohibits age discrimination practices against employees who are 40 years and older.
Age Discrimination in Employment Act (ADEA)
A federal statute that prohibits age discrimination regarding employee benefits.
Older Workers Benefit Protection Act (OWBPA)
A federal statute that imposes obligations on employers and providers of public transportation, telecommunications, and public accommodations to accommodate individuals with disabilities.
Americans with Disabilities Act (ADA)
A title of a federal statute that prohibits employment discrimination against qualified individuals with disabilities in regard to job application procedures, hiring, compensation, training, promotion, and termination.
Title I of the ADA
A federal act that amends the Americans with Disabilities Act by expanding the definition of disability, requiring that the definition of disability be broadly construed, and requiring commonsense assessments in applying certain provisions of the ADA.
Americans with Disabilities Act Amendments Act (ADAAA)
A person who has a physical or mental impairment that substantially limits a major life activity who, with or without reasonable accommodation, can perform the essential functions of the job that person desires or holds.
qualified individual with a disability
Under Title I of the ADA, an employer’s duty to reasonably accommodate an individual’s disability if doing so does not cause an undue hardship to the employer.
reasonable accommodation
Discrimination based on information from which it is possible to determine a person’s propensity to be stricken by diseases.
genetic information discrimination
A federal statute that makes it illegal for an employer to discriminate against job applicants and employees based on genetic information.
Genetic Information Nondiscrimination Act (GINA)
Federal statutes that provide protections and grant employment benefits to persons who serve or have served in the U.S. military services.
Uniformed Services Employment and Reemployment Rights Act of 1994 and Veterans’ Benefits Act of 2010
A policy that provides that certain job preferences will be given to minority or other protected-class applicants when an employer makes an employment decision.
affirmation action
Discrimination against a group that is usually thought of as a majority.
reverse discrimination