Chapter 43: Employment Discrimination Flashcards

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1
Q

Title VII forbids:

A
  1. discrimination in employment on the basis of religion, race, sex, color or nation origin (protected classes)
  2. everyone is in a protected class
  3. sexual orientation is not a protected class under Title VII but it is under laws of some states
  4. other characteristics not protected and employment at will
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2
Q

covered organizations

A
  1. employers or unions with 15 or more workers

2. employment agencies and government agencies

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3
Q

EEOC procedures

A
  1. worker files complaint w/ EEOC or state agency within 180 days
  2. agency investigates (not the judge)
  3. agency sues on behalf of the employee, issues a right to sue letter or issues a no cause letter
  4. employee then may proceed with suit within 90 days if the agency does not
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4
Q

4 elements of failure to hire (prima facie case)

A
  1. plaintiff is an employee or applicant for employment and a member of a protected class
  2. plaintiff was qualified for the position
  3. plaintiff suffered an adverse employment action
  4. a member of another protected class was treated more favorably
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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

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