Chapter 43

Question 1

Civil Rights Act of 1964

Answer 1

Protects employees against discrimination based on race, color, religion, natural origin and sex; also prohibits harassment based on the same protected categories

Question 2

Pregnancy Discrimination Act of 1987

Answer 2

Amended Title VII of the CRA to expand the definition of sex discrimination to include discrimination based on pregnancy.

Question 3

Age Discrimination in Employment Act of 1967

Answer 3

Prohibits employers from refusing to hire, discharging, or discriminating in terms and conditions of employment on the basis of an employee’s or applicant’s being age 40+

Question 4

Americans with Disabilities Act

Answer 4

Prohibits discrimination against employees and job applicants with disabilities.

Question 5

Equal Pay Act of 1963

Answer 5

Prohibits an employer from paying workers of one gender less than the wages paid to employees of the opposite gender for work that requires equal skill, effort and responsibility

Question 6

Civil Rights Act is divided into parts, known as _____, that prohibit _______

Answer 6

titles; discrimination in various situations

Question 7

Equal Employment Opportunity Commission (EEOC)

Answer 7

A federal agency responsible for administering laws that prohibit discrimination in employment

Question 8

Most important title from CRA

Answer 8

Title VII

Question 9

Two ways to prove discrimination under Title VII

Answer 9

Disparate Treatment, Disparate Impact

Question 10

Disparate Treatment

Answer 10

Sometimes referred to as intentional discrimination; occurs when an employee is treated differently on the basis of being a member of a protected class

Question 11

Disparate Impact

Answer 11

AKA unintentional discrimination; occurs when an employer sets a requirement for employment that inadvertently precludes large numbers of a protected class from employment in a particular job.

Question 12

3 Step Process for Disparate Treatment

Answer 12

1. Plaintiff demonstrate a prima facie case of discrimination
2. Defendant articulate business reason why for the action
3. plaintiff prove business reason is wrong

Question 13

“prima facie”

Answer 13

At first view

Question 14

Proving disparate impact

Answer 14

Disparate impact cases arise when a plaintiff attempts to establish that while an employer’s policy or practice appears to apply to everyone equally, actual effect is that it disproportionately limits employment opportunities for protected class.

Question 15

Initial steps for proving a prima facie case of disparate impact were set forth in

Answer 15

Griggs v Duke Power Co

Question 16

Sexual Harassment defined by the EEOC

Answer 16

unwelcome sexual advances, requests for sexual factors and other verbal or physical conduct of a sexual nature that implicitly or explicity makes submission a term or condition of employment

Question 17

Two forms of Sexual Harassment

Answer 17

quid pro quo, hostile work environment

Question 18

Civil Rights Act of 1991

Answer 18

A federal statute that provides two important additional remedies to an employee who can prove that he/she was a victim of discrimination:

• an employee may collect punitive damages
• an employee may recover for emotional distress associated with being the victim of discrimination

Question 19

Price Waterhouse v. Hopkins (1989)

Answer 19

The court provided that, even where a plaintiff demonstrates that an employer was motivated by discrimination, the employer can still escape liability by proving that it would have taken the same action based upon lawful motive.

Question 20

Wards Cove Packing Co. v. Antonio (1988)

Answer 20

Reinterpreted the law, and held that an employer can avoid liability merely by showing a business justification for the practice causing an unequal impact and that the plaintiff has the burden of proving a lack of business justification.

Question 21

Under CRA of 1991, parties could now obtain ______ and recover ______ in Title VII and ADA lawsuits involving _________.

Answer 21

jury trials, compensatory and punitive damages, intentional discrimination

Question 22

Under CRA 1991, the maximum award of compensatory and punitive damages combined was set at ________ for _______

Answer 22

$300,000 for largest employers (500+ employees)

Question 23

CRA 1991 Act added a new subsection to Title VII. The Act provided that where the ________________ for an employment decision, the employer is liable for injunctive relief, attorney’s fees, and costs (but not individual monetary or affirmative relief) even though it proves it would have made the same decision in the absence of a discriminatory motive.

Answer 23

plaintiff shows that discrimination was a motivating factor

Question 24

Quid Pro Quo

Answer 24

occurs whena sueprvisor makes a sexual demand on someone of the opposite sex and this demand is reasonable perceived as a term or condition of employment

Question 25

Hostile Work Environment

Answer 25

Victim suffered intentional, unwanted discrimination because of their sex, the harassment was severe or pervasive, the harassment negatively affected the terms, conditions or privileges of their work environment, where the harassment was both subjectively and objectively unwelcome, and the management knew about the harassment, should have known, and did nothing to stop it.

Question 26

If a case of sexual harassment winds up in court, the employer will attempt to defend against this lawsuit by demonstrating that _________________.

Answer 26

there was an effective sexual harassment program in force

Question 27

An effective sexual harassment program is one that:

1. Is _____ & _____ to the employees.
2. Defines sexual harassment and declares ________ policy.
3. Establishes a __________.
4. Trains, _________ and ______ employees.
5. Provides for __________ of complaints.
6. Includes corrective action, including _________.

Answer 27

1. Is in writing and communicated to the employees.
2. Defines sexual harassment and declares a “no tolerance” policy
3. Establishes a complaint procedure
4. Trains, educates and sensitive employees
5. Provides for prompt and thorough investigation of complaints.
6. Includes corrective action, including discipline.

Question 28

How to prevent sexual harassment claims

1. ______ a policy against sexual harassment
2. _____ supervisor training
3. _____ a mechanism for receiving complaints
4. _____ a method for conducting prompt and thorough investigations

Answer 28

1. implement
2. require
3. provide
4. create

Question 29

Employers may be held _________ of their employees by nonemployees under very limited circumstances.

Answer 29

liable for harassment

Question 30

The Pregnancy Discrimination Act of 1978

Answer 30

A federal statute designed to protect individuals from illegal discrimination in employment on the basis of pregnancy.

Question 31

Under the Pregnancy Discrimination Act, employers must treat women ______________ who suffers from a ____________.

Answer 31

affected by pregnancy in the same manner as any other employee who suffers from a temporary disability.

Question 32

Age Discrimination in Employment Act of 1967

Answer 32

is a federal statute designed to protect individuals from illegal discrimination in employment on the basis of age.

Question 33

The protected class created pursuant to this statute is person over the age of

Answer 33

40

Question 34

Several states have laws making it illegal to disciminate on the basis of age against persons who are over the age of

Answer 34

21

Question 35

3 defenses to claims under Title VII

Answer 35

1. Bona fide occupational qualification defense
2. the merit defense
3. The seniority system defense

Question 36

Bona Fide Occupational Qualification Defense

Answer 36

allows employers to discriminate in hiring on the basis of sex, religion or national origin when doing so is necessary for the performance of the job

Question 37

The Merit Defense

Answer 37

usually raised when hiring or promotion decisions are partially based on test scores

Question 38

Three types of validations under the merit defense

Answer 38

1. criterion-related validity
2. content validity
3. construct validity

Question 39

the seniority system defense

Answer 39

employees given special treatment based on their length of service

Question 40

Remedies under Title VII

Answer 40

back pay, remedial seniority dating back to the time when the plaintiff was discriminated against, attorney fees may

Question 41

Americans with Disabilities Act (ADA) of 1990

Answer 41

A federal statute designed to protect individuals from illegal discrimination in employment on the basis of disability

Question 42

ADA defines disability as

Answer 42

a physical or mental impairment that substantially limits activities of life

Question 43

ADA requires that employers make _______ or unless to do so would cause undue hardship

Answer 43

reasonable accommodations for an otherwise qualified employee with a disability

Question 44

Procedure to file a claim under Title VII

1. File a charge with EEOC. Employee must file charge within ______ of alleged act.
2. EEOC notified employer of the charge within ______
3. Employee may file a lawsuit

Answer 44

1. 180 days

2. 10 days

Question 45

Equal Pay Act (EPA) of 1963

Answer 45

Prohibits an employer form engaging in wage discrimination based upon sex

Question 46

EPA requires all employers performing _____ jobs to be compensated equally.

Answer 46

substantially similar

Question 47

Defense of Marriage Act (1996)

Answer 47

• Signed by Clinton in 1996
• Prevented same-sex couples whose marriages were recognized by their home state from receiving the hundreds of benefits available to other married couples under federal law.

Question 48

Landmark SCOTUS case in which the Court held in a 5-4 deision that the fundamental right to marry is guaranteed to same-sex couples by both Due Process Clause and Equal Protection Clause of the Fourteenth Amendments to the constitution.

Answer 48

Obergefell v. Hodges

Question 49

Employment Discrimination Internationally

Answer 49

Civil Rights Act of 1991 extended the protection of Title VII and ADA to US Citizens working abroad for American employers or for foreign corporations controlled by US employer. Exception is if it violated foreign law.