M Chapter 25 Employment Discrimination

Question 1

EEOC

Answer 1

Equal Employment Opportunity Commission = Labor discrimination “police” who investigate claims of labor discrimination

Question 2

Disparate Treatment Discrimination

Answer 2

intentional discrimination which treats an employee or employees differently than others you must show :

1. You are a member of a protected class
2. You applied and were qualified for the job involved
3. You were rejected by the employer
4. Employer continued to seek applicants for the position or filled the position with a person not in a protected class

Question 3

Prima Facie

Answer 3

means presumed to be true unless contrary evidence given.

Question 4

Disparate-impact Discrimination

Answer 4

Unintentional discrimination. Here you argue that practices, procedures, or tests do not appear to be discriminatory but, in fact, turn out to be

Question 5

Four-Fifths Rule

Answer 5

If protected class selection rate is less than 80% of non-protected class selection rate, there is disparate impact.

Question 6

Protected Classes Discussed in our book

Answer 6

ce, color, national origin, religion, gender, age, disability

Question 7

Reverse Discrimination

Answer 7

Discrimination against “majority” applicants.

Question 8

Religion

Answer 8

Employer must provide “reasonable accommodation” to the religious practices of its employees unless to do so would cause undue hardship to the employer’s business.

Question 9

Gender

Answer 9

Gender must be a determining factor in the employer’s decision to fire, refuse to hire, or refuse to promote

Question 10

Pregnancy Discrimination Act

Answer 10

has expanded gender discrimination to include pregnancy discrimination.

Question 11

Wage Discrimination

Answer 11

Lilly Ledbetter Fair Pay Act makes discriminatory wage claims actionable regardless of when discrimination began. Each unfair paycheck revives discrimination claim instead of saying that accepting previous unfair payment = waiver

Question 12

Constructive Discharge

Answer 12

making employment so intolerable as to compel an employee to leave.

Question 13

Sexual Harassment

Answer 13

Demanding sexual favors ( quid pro quo)

Language or conduct that is so sexually offensive as to create a hostile working environment ( hostile environment )

Question 14

Tangible employment Action

Answer 14

significant change to employment status or benefits such as being fired, refused a promotion, demoted, constructive discharge, or reassigned to a significantly different position

Question 15

Ellerth Faragher Affirmative Defense

Answer 15

Employer can defend vs sexual harassment claim by showing

It has taken reasonable steps to prevent and promptly correct sexual harassment in its workplace ( seminars, workshops, procedures, rules, role plays, speakers, SOX etc)

That the employee plaintiff has unreasonably failed to take advantage of everything in # 1

Question 16

ADEA

Answer 16

Age Discrimination in Employment Act= Prohibits discrimination based on age vs. people 40+ as well as mandatory retirement vs. non-managers.
Only applies to employers with 20+ employees whose business affects interstate commerce.

EEOC administers ADEA but also allows private claims. ADEA also protects federal workers.

Question 17

ADA

Answer 17

Americans with Disability Act

Question 18

Disability

Answer 18

A physical or mental impairment that substantially limits one or more of the person’s major life activities ( blindness, alcoholism, heart disease, cancer, MS, cerebral palsy, paraplegia, diabetes, AIDS, HIV positive, morbid obesity ( twice normal weight for height, former drug addicts)

A record of such impairment

Being regarded as having such an impairment

Question 19

Business Necessity

Answer 19

Employer shows that a practice which discriminates vs. members of a class is related to job performance. Ex: having a high school diploma.

Question 20

Bona Fide Occupational Qualification ( BFOQ

Answer 20

Identifiable characteristics reasonably necessary to the normal operation of a particular business. These can include gender, national origin, religion, but not race. Courts seem to be limiting this to cases where gender is essential to the job.

Question 21

Affirmative Action

Answer 21

Original Intent…To correct past injustice and unfairness in representation of groups in various areas by exposing such groups to new opportunities and eliminating barriers to such efforts.