Discrimination Legal Terms

Question 1

Discrimination

Answer 1

The limitation or denial of employment opportunity based on related to the protected class characteristics of persons.

Question 2

Adverse Employment Action

Answer 2

Discriminatory actions that limit or deny employment opporturnities

Question 3

Protected Class

Answer 3

Characteristics of people such as their race, sex, and age, that under anti-discriminatory laws are illegal grounds for making employment decisions.

Question 4

Retaliation

Answer 4

The act of punishing employees for seeking to assert their rights under anti-discrimination laws or assisting others in doing so

Question 5

Prima Facie Case

Answer 5

Plaintiff shows that basic facts pointing to discrimination are plausible explanations for an adverse employment action

Question 6

Harassment

Answer 6

Unwelcome comments or conduct based on a protected class, subjecting an employee to physical or verbal abuse that is severe or pervasive enough to create a work environment that is hostile, intimidating, or offensive that must be tolerated in order to keep their job.

Question 7

Negligent Standard

Answer 7

Employer is liable for harassment when the plaintiff can establish that:
1) The employer knew or should have known about the harassment.
AND
2) The employer failed to take prompt and appropriate action to stop the harassment.

Question 8

Participation

Answer 8

A protected activity under retaliation, refers to involvement in the enforcement of an anti-discrimination law, such as by filing a charge, bringing a lawsuit, giving testimony, and assisting in the investigation of a discrimination charge.

Question 9

Opposition

Answer 9

A protected activity under retaliation, refers to resisting or speaking out against discrimination apart from participating in formal enforcement procedures

Question 10

Materially Adverse Action

Answer 10

In retaliation claims, it is sufficient to show than an action was taken that would likely have dissuaded a reasonable worker from making or supporting a charge of discrimination an adverse employment action need not be shown.

Question 11

Right to Control

Answer 11

An important factor used in determining whether person performing work are employees or independent contractors that examines the extents of the hiring party’s authority to control where, when, and how the work gets done

Question 12

Right to Sue

Answer 12

A letter issued by the EEOC to an employee alleging discrimination, authorizing the filing of a suit in federal court. This occurs after the EEOC’s work on the case has concluded

Question 13

Quid Pro Quo

Answer 13

A type of sex discrimination involving the exchange of sexual favors for tangible job benefits by a person in authority to an employee of less authority. An adverse employment action is threatened if the employee rejects the offer.

Question 14

Discriminatory Intent

Answer 14

a decision maker bases an employment decision, in whole or part, on a protected class characteristic of the affected employee

Question 15

Hostile Work Environment

Answer 15

A work environment where an employee is subjected to offensive verbal or physical conduct sufficiently severe or pervasive to create an intimidating, abusive work environment, making it difficult to perform or remain on the job

Question 15

Disparate Treatment

Answer 15

Unequal treatment based on one or more protected class characteristics that results in the limitation or denial of employment opportunity

Question 16

Bona Fide Occupational Qualification

Answer 16

A narrow legal defense that can be invoked in cases involving facially discriminatory policies or practices. The employer must show a sound business reason for requiring a protected class characteristic for a job.

Question 17

Disparate Impact

Answer 17

The disproportionate limitation or denial of employment opportunity for some protect class group that results from the use of a neutral requirement or practice that cannot be adequately justified.

Question 18

Pretext

Answer 18

A false explanation of the reasons for employment decision that an employer offers in an attempt to cover up the true discriminatory practice

Question 19

Pattern or Practice of Discrimination

Answer 19

An important factor used in determining whether persons performing work are employees or independent contractors that examines the extents of the hiring partys’ authority to control where, when, and how the work gets done