EEOC

Question 1

EEOC

Answer 1

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

Question 2

Title VII (seven)

Answer 2

Federal law out of the Civil Rights Act of 1964 that prohibits companies to discriminate against employees because of sex, race, national origin and religion. (applies to companies/businesses with 15 or more employees)

Question 3

Summary Judgement

Answer 3

decision to throw the case out of the court on the basis of unsubstantial evidence (early decision)

Question 4

Pleadings

Answer 4

A formal statement of the cause of action or defense.

Question 5

Depositions

Answer 5

Questioning a witness before trial to get information for the case

Question 6

Interrogatories

Answer 6

Questions that are formally put to one party in a case by another party and must be answered.

Question 7

Affidavits

Answer 7

A written statement confirmed by oath or affirmation, for use as evidence in court

Question 8

The Moving Party (for summary judgement)

Answer 8

The party that brought the case that has filed with the court for the summary judgment.

Question 9

Burden of Proof

Answer 9

Duty of a party in a trial to produce evidence that will back their claims and shift the direction of the case. (One party is usually initially presumed to be correct, the other has a burden of proof)

Question 10

Disparate Treatment

Answer 10

Occurs when an employer treats an employee less favorably because of their membership in a protected class

Question 11

Disparate Impact

Answer 11

Plaintiffs show that a facially neutral employment practice disproportionately harms a protected group.

Question 12

Direct Evidence

Answer 12

Proves discrimination claim without inference or presumption

Question 13

Circumstantial Evidence

Answer 13

Evidence that relies on an inference to connect it to a conclusion of fact—like a fingerprint at the scene of a crime.

Question 14

Constructive Discharge (as opposed to just being fired directly)

Answer 14

Occurs when the working conditions deteriorate, as a result of discrimination, to the point where it is difficult to work and remain on the job

Question 15

Objective Legal Test or Standard

Answer 15

Would a reasonable man or woman do this?

Question 16

Subjective Legal Test or Standard

Answer 16

Would this person do this?

Question 17

Pretext

Answer 17

A way for employer to cover up discriminatory intent. Ex. I didn’t hire him because he didn’t understand railroads, instead of because he was black.

Question 18

Mitigation (to mitigate damages)

Answer 18

When a plaintiff does not do everything in their power to mitigate the effects for which they are suing. Ex. defendant can say that once fired the plaintiff did not fulfill the two prong system in finding new employment so they do not have to pay the plaintiff for lost wages