Discrimination

Question 1

Title VII of Civil Rights Act (1964) prohibits discrimination based on (6 things)

Answer 1

1. Race
2. Skin color
3. National origin
4. Religion
5. Gender
6. Sexual orientation (recently added)

Question 2

Age Discrimination Employment Act (ADEA)

Answer 2

Protects individuals over age of 40 from workplace discrimination that favors younger workers.
*prohibits mandatory retirement for nonmanagerial workers

Question 3

Americans with Disabilities Act (ADA)

Answer 3

Requires employers to offer “reasonable accommodations” to employees or applicants with a disability who otherwise are qualified for the job they hold or seek.
(Unless it would cause employer undue hardship)

Question 4

Employer’s defenses to Employment Discrimination (2 things)

Answer 4

Employers can fire or refuse to hire an alcoholic if
1. The person poses a substantial risk of harm to self and others
2. The risk cannot be reduced by reasonable accommodation

Question 5

Intentional Discrimination (Disparate treatment)

Answer 5

When an employer intentionally discriminates against an employee or job applicant

Question 6

Intentional Discrimination: when can sue (4 things)

Answer 6

To sue, the person must show:
1. They’re in a protected class
2. They applied and are qualified
3. They were rejected
4. Employer kept looking or hired someone not in a protected class

Question 7

Unintentional Discrimination (disparate impact)

Answer 7

When an employer’s practices unintentionally harm a protected group

Question 8

Unintentional Discrimination: How show this (2 ways)

Answer 8

1. Pool of Applicants Test
2. Rate of Hiring

Question 9

Pool of Applicants Test

Answer 9

Employer’s workforce doesn’t reflect local labor market for the protected group

Question 10

Rate of Hiring

Answer 10

Compares hiring rates. If a job requirement excludes protected class members more often than others it’s discriminatory

Question 11

Prima Facie case: steps to establish discrimination (4 things)

Answer 11

1. Initial proof of discrimination by an employee
2. Burden shifts to employer to show a non-discriminatory reason
3. Employer gives a legal defense
4. Employee must show the defense is a pretext for discrimination

Question 12

Equal Pay Act

Answer 12

Requires equal pay for male and female employees working at the same establishment doing similar work

Question 13

Equal Pay Act: how determine violations

Answer 13

Courts look to the primary duties (job content) of the court jobs.