Chapter 43: Employment Discrimination Flashcards
1
Q
Title VII forbids:
A
- discrimination in employment on the basis of religion, race, sex, color or nation origin (protected classes)
- everyone is in a protected class
- sexual orientation is not a protected class under Title VII but it is under laws of some states
- other characteristics not protected and employment at will
2
Q
covered organizations
A
- employers or unions with 15 or more workers
2. employment agencies and government agencies
3
Q
EEOC procedures
A
- worker files complaint w/ EEOC or state agency within 180 days
- agency investigates (not the judge)
- agency sues on behalf of the employee, issues a right to sue letter or issues a no cause letter
- employee then may proceed with suit within 90 days if the agency does not
4
Q
4 elements of failure to hire (prima facie case)
A
- plaintiff is an employee or applicant for employment and a member of a protected class
- plaintiff was qualified for the position
- plaintiff suffered an adverse employment action
- a member of another protected class was treated more favorably
5
Q
disparate impact discrimination
A
substantially different rate of selection in hiring, promotion, or other employment decision which works to the disadvantage of members of a race, sex, or ethnic group