Equal Opportunity

Question 1

14th Amendment

Answer 1

Guaranteed equal protection under the law

Question 2

Civil Rights Act of 1964

Answer 2

Law protected race, ethnicity, religion, sex, and national origin

Question 3

Title VII of Civil Rights Act of 1964

Answer 3

Bans discrimination in employment decisions
Created EEOC to enforce the law
EEOC wrote Uniform Guidelines on Employee Selection

Question 4

Title VII Exceptions

Answer 4

Test is job related
Decision based on bona fide seniority system
Bona Fide Occupatoinal Qualification (BFOQ)

Question 5

Acceptable BFOQs

Answer 5

Privacy

Authenticity

Question 6

Unacceptable BFOQs

Answer 6

Customer Preference
Cost
Race/Color

Question 7

Disparate Treatment

Answer 7

Treatment different based on protected class status - intentional

Question 8

Disparate (Adverse) Impact

Answer 8

Treatment different based on BFOQs - unintentional

Question 9

Three Methods for Establshing Prima Facie Case - Disparate Impact

Answer 9

Workforce Utilization Analysis
Restricted Policy
4/5 Rule

Question 10

Civil Rights Act of 1991

Answer 10

Broadened Title VII Coverage
Covers US citizens working abroad
Extended coverage to Senate employees

Question 11

Civil Rights Act of 1991 - Changes to Adverse Impact Cases

Answer 11

Plaintiff no longer needs to ID one particular policy that produced adverse impact
Defendant must show job-relatedness
Burden of proof on organization to prove job-relatedness

Question 12

Civil Rights Act of 1991 - Changes to Disparate Treatment Cases

Answer 12

If an invalid procedure did not change the decision, the organization is still liable - no longer complete defense
Added compensatory and punitive damages as possible awards
Provided right to jury trial if requested by either party

Question 13

Civil Rights Act of 1991 - Implications in Court

Answer 13

Number of EEOC cases more than doubled

Plaintiffs awarded more monetary rewards