Chapter 35 Flashcards
Protected class
A class of persons with identifiable characteristics who historically have been victimized by discriminatory purposes for certain purposes
Employment discrimination
Treating employees or job applicants unequally on the basis of race, color national origin, religion, gender, age or disability; prohibited by federal statutes
Title 7
Prohibits employment discrimination
- employers with 15+ employees
- includes illegal workers
Equal employment opportunity commission
Monitors compliance with title 7
- file claims with them
Disparate treatment discrimination
A form of employment discrimination that results when an employer intentionally discriminated against employees who are members of protected classes
Prima facie case
A case in which the plaintiff has produced sufficient evidence of his or her conclusion that the case can go to a jury; a case in which the evidence compels the plaintiffs conclusion if the defendant produces no evidence to disprove it
Disparate impact discrimination
A form of employment discrimination that results from certain employer practices or procedures that although not discriminatory on their face, have a discriminatory effect
Ways to prove disparate impact discrimination
- pool of applicants
- rate of hiring
Reverse discrimination
Discrimination against majority group individuals like white males
Religious discrimination
Employers must make reasonable accommodations but not if they cause undue hardship to the business
Constructive discharge
A termination of employment brought about by making an employees working conditions so intolerable that the employee reasonably feels compelled to leave
- can pursue damages
Sexual harassment
The granting of job promotions or other benefits in return for sexual favors or conduct that is so sexually offensive that it creates a hostile working environment
Quid pro quo harassment
Sexual favors are demanded in return for job opportunities and other benefits
Hostile environment harassment
When a pattern of sexually offensive conduct runs throughout the workplace and the employer has not taken steps or prevent or discourage it
Tangible employment action
A significant change in employment status such as firing or failing to promote an employee, reassigning the employee to a position with significantly different responsibilities or effecting a significant change in employment benefits
Age discrimination in employment act
Prohibits discrimination in people 40 years +
- prohibits mandatory retirement for nonmanagerial workers
State employers exception
State employers are immune from private suits brought by employees under the age discrimination act, Americans w disabilities act, and the fair labor standards act but NOT the family/medical leave act
- 11th amendment
Procedures under the disabilities act
- Has a disability
- Is qualified for the position
- Excluded from employment solely bc of disability
Defenses to employment discrimination
Business necessity
Bona fide occupational qualification
Seniority system
Business necessity
A defense to allegations of employment discrimination in which the employer demonstrates that an employment practice that discriminates against members of a protected class is related to job performance
Bona fide occupational qualification
Identifiable characteristics reasonably necessary to the normal operation of a particular business. These characteristics can include gender, national origin, and religion but not race
Seniority system
A system in which those who have worked longest are first in line for promotions, salary increases, and other benefits; they are also the last to be laid off if the workforce must be reduced
After acquired evidence of employee misconduct
- if an employer finds evidence after the employee files a lawsuit it cannot be used to shield an employer entirely from liability for employment discrimination
Affirmative action
Job-hiring policies that give special consideration to members of protected classes in an effort to overcome present effects of past discrimination
- may violate the equal protection clause of the 14th amendment
- normally is only constitutional if it attempts to remedy past discrimination and does not make use of quotas or preferences
