Exam 3 CHP 16 Flashcards
The cornerstone of federal employment discrimination law.
Civil Rights Act of 1964
Part of the CRA that makes it illegal for an employer of 15 or more workers to fail or refuse to hire or discharge an individual based on discrimination, or to limit, segregate, or classify employees that would deprive them of employment opportunities.
Title 7
Who has the power to enforce the Civil Rights Act? (EEOC)
Equal Employment Opportunity Commission
The practices or policy of favoring individuals belonging to groups known to have been discriminated against previously.
Affirmative action
Preferential treatment to members of protected classes.
Reverse discrimination
Refers generally to discrimination claims based on the shade of skin.
Color
Includes all aspects of observances and practice.
Religion
Created by accommodations that would cost an employer more than a minimal amount.
Undue hardship
“This for that”, Where there is a promise of reward for providing sexual favors.
Quid pro quo discrimination
A case about a woman who experienced sexual harassment and a toxic work environment until she quit. Then, she sued the company. She won.
Harris v. Forklift systems
How many days until the deadline to file an EEOC charge?
180 days
When the EEOC finds no reasonable cause to believe an unlawful employment practice has occurred then EEOC issues a written Dismissal. If they do, then a right-to-sue.
Cause finding in a no cause or cause situation
A letter to be used within 90 days in proceeding court.
Right-to-sue letter
How many days to file a lawsuit in federal court?
90 days
To recover for illegal discrimination, Plaintiff must prove that the employer intentionally discriminated.
Disparate treatment
What are Mcdonnell-Douglas’s presumptions needed for the burden of proof?
- Belongs to a protected class
- Met job qualifications
- Was subject to an adverse employment action
- The action gave rise to an inference of discrimination.
The employer used a decision rule that caused discrimination in some aspects of employment based on protected class status.
Disparate impact case
A defense that is used by evaluating with reference to the ability of the employee to perform a certain job.
Business necessity as an employer defense
A woman lifeguard felt like her work environment had become a sexually hostile environment after two of her supervisors talked about sex in front of the female lifeguards, told them they want to have sex with them, and also touched them inappropriately. The woman initially won, but later lost.
Farragher v. City of Boca Raton
When descrimination is permitted in instances in which sex, religion, or national origin, NOT RACE, is reasonably necessary to the normal operation of a business.
Bona Fide Occupational Qualification BFOQ
Prohibits discrimination in employment against persons on the basis of age for people over 40.
Age Discrimination in Employment Act (ADEA)
Expands the rights of people with disabilities in employment and supplements access rights to public accommodations,
Americans with Disabilities Act (ADA)
Allows differences in wages if they are the result of reasonable variables.
Equal Pay Act
