Chapter 33: Equal Opportunity in Employment Flashcards
equal employment opportunity commission (EEOC)
a federal administrative agency that is responsible for enforcing most federal antidiscrimination laws
right to sue letter
a letter that is issued if it chooses not to bring an action against an employer that authorizes a complaint to sue the employee for employment discrimination
fair employment practice agency (FEPA)
a state agency that some states have where a complaint may file their employment discrimination claim instead of with the EEOC
lilly ledbetter fair pay act
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 had occurred during the two-year period
title vii of the civil rights act of 1964 / fair employment practices act
a title of a federal statute enacted to eliminate job discrimination based on five protected classes: race, color, religion, sex, and national origin
disparate-treatment discrimination
a form of discrimination that occurs when an employer discriminates against a specific individual because of their race, color, national origin, sex, or religion
disparate-impact discrimination
a form of discrimination that occurs when an employer discriminates against an entire protected class. an example would be discrimination in which a racially neutral employment practice or rule causes an adverse impact on a protected class
civil rights act of 1866 (section 1981)
a federal statute enacted after the civil war that says all persons “have the same right… to make and enforce contracts… as it is enjoyed by white persons.” it prohibits racial and color discrimination
direct sex discrimination
discrimination by an employer who refuses to hire a qualified job applicant or to promote a qualified employee because of their gender
quid pro uo sex discrimination
gender discrimination in employment that occurs when sexual favors are requested in order to obtain a job or be promoted
sex-plus discrimination
a form of gender discrimination in which an employer does not discriminate against a class as a whole but treats a subset of the class differently (e.g. does not discriminate against women in general, but does discriminate against married women or women with children)
pregnancy discrimination act
a federal statute that forbids employment discrimination because of pregnancy, childbirth, or related medical conditions
affirmative defense
a defense that is asserted in a defendant’s answer to allegations contained in a plaintiff’s complaint; a defense that an employer may raise against a charge of sexual, racial, or other harassment
reasonable woman standard
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
undue hardship
a reason or cost that is so great as to excuse an employer from having to accommodate an employee’s disability or religious observances, practices, or beliefs
bona fide occupational qualification (BFOQ)
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
age discrimination in employment act (ADEA)
a federal statute that prohibits age discrimination practices against employees who are 40 and older
older workers benefit protection act (OWBPA)
a federal statute that prohibits age discrimination in regard to employee benefits
title i of the ADA
a title of a federal statute that prohibits employment discrimination against qualified individuals w/ disabilities in regard to job application procedures, hiring, compensation, training, promotion, and termination
genetic information nondiscrimination act (GINA) (title ii)
a federal statute that makes it illegal for an employer to discriminate against job applicants and employees based on genetic information
uniformed services employment and reemployment rights act (USERRA) / veterans’ benefits act of 2010
a federal statute that protects and grants employment benefits to persons who serve or have served in the us military services, or who are or have been members of the reserves or national guard
title ix of the education amendments of 1972 / patsy milk equal opportunity in education act
a federal law that prohibits gender discrimination at colleges, universities, secondary schools, and elementary schools that receive federal government financial assistance
