Deck 1

Question 1

Laws enforced by EEOC

Answer 1

CRA title 7
EPA - equal pay men women
ADEA - age discrimination 40+
ADA - disabilities (1990,2008)
Rehabilitation Act 1973 disabilities in fed govt
Civil Rights Act 1991 - title viii compensation
USERRA - military non discrimination

Question 2

Disparate treatment

Answer 2

title 7, intentional adverse treatment based on protected class
focus on discriminatory intent

Question 3

Discriminatory intent proof

Answer 3

direct evidence - oral/written statements
comparative evidence - differential treatment
Bona Fide Occupation Qualification
pattern and practice

Question 4

disparate impact discrimination

Answer 4

policies/practices create unnecessary obstacle for protected class, not connected to job performance
Griggs v Duke Power (1971)

Question 5

disparate impact prima facie elements on plaintiff

Answer 5

neutral policy/procedure

substantial difference of impact

Question 6

4/5 rule

Answer 6

practice is discriminatory if selection rate of protected class is less than 80% of majority

Question 7

adverse job action

Answer 7

negative action from employer based on lawful action by employee

Question 8

prima facie case for retaliation

Answer 8

protected activity
adverse job action
causal link between activity and adverse action

Question 9

front pay

Answer 9

monetary award in lieu of reinstatement

Question 10

injunctive relief

Answer 10

order requiring firm to refrain from certain actions