Chapter 35

Question 1

Protected class

Answer 1

A class of persons with identifiable characteristics who historically have been victimized by discriminatory purposes for certain purposes

Question 2

Employment discrimination

Answer 2

Treating employees or job applicants unequally on the basis of race, color national origin, religion, gender, age or disability; prohibited by federal statutes

Question 3

Title 7

Answer 3

Prohibits employment discrimination

• employers with 15+ employees
• includes illegal workers

Question 4

Equal employment opportunity commission

Answer 4

Monitors compliance with title 7

- file claims with them

Question 5

Disparate treatment discrimination

Answer 5

A form of employment discrimination that results when an employer intentionally discriminated against employees who are members of protected classes

Question 6

Prima facie case

Answer 6

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

Question 7

Disparate impact discrimination

Answer 7

A form of employment discrimination that results from certain employer practices or procedures that although not discriminatory on their face, have a discriminatory effect

Question 8

Ways to prove disparate impact discrimination

Answer 8

• pool of applicants

- rate of hiring

Question 9

Reverse discrimination

Answer 9

Discrimination against majority group individuals like white males

Question 10

Religious discrimination

Answer 10

Employers must make reasonable accommodations but not if they cause undue hardship to the business

Question 11

Constructive discharge

Answer 11

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

Question 12

Sexual harassment

Answer 12

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

Question 13

Quid pro quo harassment

Answer 13

Sexual favors are demanded in return for job opportunities and other benefits

Question 14

Hostile environment harassment

Answer 14

When a pattern of sexually offensive conduct runs throughout the workplace and the employer has not taken steps or prevent or discourage it

Question 15

Tangible employment action

Answer 15

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

Question 16

Age discrimination in employment act

Answer 16

Prohibits discrimination in people 40 years +

- prohibits mandatory retirement for nonmanagerial workers

Question 17

State employers exception

Answer 17

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

Question 18

Procedures under the disabilities act

Answer 18

1. Has a disability
2. Is qualified for the position
3. Excluded from employment solely bc of disability

Question 19

Defenses to employment discrimination

Answer 19

Business necessity
Bona fide occupational qualification
Seniority system

Question 20

Business necessity

Answer 20

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

Question 21

Bona fide occupational qualification

Answer 21

Identifiable characteristics reasonably necessary to the normal operation of a particular business. These characteristics can include gender, national origin, and religion but not race

Question 22

Seniority system

Answer 22

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

Question 23

After acquired evidence of employee misconduct

Answer 23

• 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

Question 24

Affirmative action

Answer 24

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