MGMT 311 Exam 4 - FLASHCARDS - Chapter 21
What is disparate treatment?
Intentional discrimination in the form of unequal treatment, which is directly given to an employee
What is disparate impact?
Practices that unintentionally discriminate against a protected group of people
What is an example of disparate treatment?
An employer paying men higher than women for doing the same job
What is an example of disparate impact?
Hiring more men than women as construction workers as a result of physical height or strength
Is disparate treatment intentional or unintentional discrimination?
Intentional
Is disparate impact intentional or unintentional discrimination?
Unintentional
What are protected classes under the Civil Rights Act?
- race
- color
- National origin
- religion
- sex/gender
What does title VII (7), prohibit?
prohibits discrimination in the entire employment arrangement including hiring, firing, promotions, disciplinary procedures, benefits, etc
Does a small business have a license to discriminate?
No
What is the EEOC?
equal employment opportunity commission
True or false: procedures under title 7 require that employee must file claim with EEOC first?
TRUE
What was Griggs vs. Duke Power (U.S.1971)?
Even if there is no discriminatory intent, an employer may not use a job requirement that functionally excludes members of a certain race if it has no relation to measuring performance of job duties
What is treating workers less favorably than others based on race, national origin, etc
Disparate treatment
What does a plaintiff have to prove to sue for disparate treatment?
1) Plaintiff is a member of the protected class;
2) Plaintiff applied and was qualified for the job;
3) Plaintiff was rejected by the employer;
4) Employer continued to seek applicants for the position or filled the position with a person not in that protected class.
Even if the plaintiff proves everything about disparate treatment, does it mean they win their case?
No
What does an employer have to prove to defend against the plaintiff’s (employee) allogations?
That there was a legitimate reason for not hiring Plaintiff
True or false: every race is in a protected class?
TRUE
What does a plaintiff have to prove to sue for disparate impact?
1) The employer has a facially neutral employment practice or job requirement;
2) Policy is neutrally applied; and
3) Policy has a significant adverse impact on a protected class.
What does the employer have to prove to defend against the employee’s allogations about disparate impact?
Job-related reason
Business necessity
Seniority system
Lack of work experience
What is interpreted broadly to apply to the ancestry or ethnic characteristics of a group of persons, such as Native Americans?
Race
What refers to discrimination based on a person’s birth in another country or ancestry or culture, such as Hispanic?
National origin
What is discrimination against members of a majority group (white males)?
Reverse discrimination
What does BFOQ stand for?
bona fide occupational qualification
What is the the BFOQ defense for a religious organization?
When you are allowed to discriminate in hiring based on gender and religion because the job description requires someone of a specific gender of religion
What is an example of BFOQ?
If you are hiring a priest, they have to be catholic. There is a religious requirement. If someone sues for religious discrimination, a defense against that is if the job has a requirement for a specific religion
Does the BFOQ defense apply to religion or gender?
Both religion and gender
Does BFOQ apply to race discrimination?
No
What is disparate treatment in regards to religion?
refusing to hire or firing based on religion is discrimination
Is disparate treatment allowed in a BFOQ case?
Yes
What is diaparate impact in regards to religion?
involves policies and practices of Employer which the Employee claims violate his/her religious beliefs, practices, and observances
Must the employer accommodate the employee’s religious observances, practices, and beliefs in the workplace?
Yes, unless it would be an undue hardship on the employer. They need to try to remove the conflict between religion and the job
If an employee’s religious beliefs will put an undue hardship on the employer, does he have to accomodate them?
No
Can employers classify jobs as male or female?
No, unless being a male or female is required for the job
Can height, weight, and physical ability restrictions have disparate impact on women?
Yes
True or false: to be classified as gender discrimination, gender must be a determining factor in employer’s decision?
TRUE
Is it discrimination to have separate physical ability standards for men and women?
No
Is lack of intent a defense for disparate impact?
No
Can employers have separate seniority lists, 1 for men and 1 for women?
No. A woman could possibly be in line for a promotion before a man
What is a system in which those who have worked longest for an employer are first in line for promotions, salary increases, and other benefits, and are last to be laid off if the workforce must be reduced?
Seniority system
Is a weight requirement of 185 pounds for police officers disparate impact?
Yes because it is excluding most women
What act prohibits discrimination based on pregnancy, child birth, or related medical conditions?
Pregnancy Discrimination Act of 1978
What act amended Title 7, expanding the definition of gender discrimination to include discrimination based on pregnancy, child birth, or related medical conditions?
Pregnancy Discrimination Act of 1978
What was Young v. UPS, Inc.?
Young worked for UPS and could lift 70 pounds, which was the requirement. When she got pregnant, her doctor said she could only lift 20 pounds, so UPS said she was no longer qualified for the job
What act requires equal pay for male and female employees working at the same establishment doing similar work?
Equal Pay Act of 1963
Do discrimination cases have to go through the EOC?
Yes
What is the “Substantially Equal” Test?
Jobs don’t have to be identical, they have to be substantially equal
What are ways that an employer can justify the difference in pay between men and women?
- A seniority system
- A merit system
- A system that measures earnings by quality or quality of production
- A differential based on any factor other than sex
What is the burden of proof for the substantially equal test?
Plaintiff has to prove that jobs are substantially equal
If a black female and a hispanic female are working in the same job and are paid differently, is it a violation of the equal pay act?
No, it is just about male and female
What case ruled that transgender and sexual orientation discrimination is prohibited in the workplace?
Bostock v. Clayton Co., Georgia
What is it called when employees leave their jobs voluntarily because the employer causes the employee’s working conditions to be so intolerable that a reasonable person would be compelled to quit?
Constructive discharge. Common reason in sexual harrasment cases
What are the two types of sexual harrassment?
- Quid Pro Quo
- Hostile Working Environment
True or false: sexual harrassment is different than sexual assault?
TRUE
What is quid pro quo sexual harrassment?
this for that. Tangible employment (losing a raise) action that results from a refusal to submit to a sexual demand
True or false: in quid pro quo sexual harrassment, the employer is strictly liable in the workplace without regard to policies?
TRUE
What type of sexual harassment is where no tangible economic losses are present, but the victim suffers from an environment at work?
Hostile working environment sexual harassment
True or false: to be a hostile working environment, the employer’s actions have to be severe enough to make the workplace hostile?
TRUE
What is an affirmative defense the defendant (employer)can give against his allogations of sexual harassment, to make sure the plaintiff (employee) does not win?
- Employer took reasonable care to prevent and promptly correct the behavior
- Employee unreasonably failed to take advantage of the corrective opportunities
What is the issue in Meritor Savings v. Vinson?
What is the standard for determining sexual harassment?
What is the standard for sexual harassment in Meritor Savings v Vinson?
Unwelcomeness is our standard. They have to prove that what happened to them was unwelcome. Totality of circumstances is used to prove the action is unwelcome
For a plaintiff to win a hostile working environment sexual harrasment case, what do they have to prove?
They have to prove that what happened to them was “unwelcome”
How do we judge unwelcomeness of sexual harassment?
We use the totality of circumstances to determine if the action was unwelcome
Are hostile working environment cases absolute responsibility cases?
Yes
What occurs when an employer takes adverse action against an employee for engaging in a protected activity. This could include actions such as firing, reducing an employee’s pay or hours, or spreading false information about an employee
Retaliation of employers
Is an employer liable for coworker sexual harrassment?
Yes
What is coworker sexual harrassment?
Employer is liable if Plaintiff can prove employer knew or should have known and failed to take prompt reasonable corrective action
Is the employer liable for non employee sexual harrassment?
Employer is liable if plaintiff can prove employer knew or should have known and failed at reasonable measures to prevent it
With same-gender sexual harrassment, does it matter if the harrasser and victim are the same gender?
No
What act prohibits discrimination in employment of people based on age against people age 40 and older?
Age Discrimination in Employment Act of 1967 (ADEA)
If an ADEA case is based on firing or replacement, does the plaintiff have to be replaced by someone who is younger than 40 to win a case?
No
What prohibits discrimination based on military status? Protects civilian job rights and benefits for members of the military, former military personnel, and reservists.
USERRA
True or false: under USERRA, veterans can only be fired for cause?
TRUE
Under USERRA, do returning service members recieve the same promotion or job they would have gotten had they not had military service leave?
Yes
What shows us that violating a CBA seniority system is an undue hardship to Employer?
Stanley v. ExpressJet Airlines, Inc.
What act prohibits discrimination against a qualified individual because of a disability?
American’s with Disabilities Act (ADA)
What is a qualified individual?
Someone who with a disability is qualified to perform the essential functions of a job, with or without reasonable accomodations
True or false: someone with a disability must fit a definition of disabled under the act?
TRUE
What does a plaintiff have to prove in a ADA case?
- Plaintiff has a disability (fits 1 of 3 definitions)
- Plaintiff is otherwise qualified for the job with or without reasonable accomodations
- Excluded due to discrimination based on the disability
What does the employer have to prove in an ADA case?
- ADA requires Employers to reasonably accommodate Employees with disabilities
- If an applicant or employee with disabilities, with reasonable accommodations, can perform essential job functions, Employer MUST make the accommodation
- Undue Hardship – Employer is not required to accommodate if said accommodation puts an undue hardship on the business
What is the employer’s obligation in the workplace for people with disabilities?
- Making existing facilities accessible and useful
- Job restructuring, modified workschedules, and buying modified equipment
If an employee with a disability can perform an essential job function with reasonable accomodations, must the employer make that accomodation?
Yes
True or false: employer is not required to accommodate if said accommodation puts an undue hardship on the business?
TRUE
What are the three definitions of a disability?
- Any physical or mental impairment that substantially limits a major life activity
- Having a record of any physical or mental impairment. Having a record of any physical or mental impairment that substantially limits a major life activity
3. Being regarded by others as having such an impairment
If someone has a physical or mental impairment that substantially limits a major life activity, do they have a disability?
Yes
If someone has a medical record of any physical or mental impairment that substantially limits a major life activity, are they disabled?
Yes
If a manager makes a judgement call where he decides what someone can and can’t do in regards to a job, do they have a disability?
Yes
When the ADA was amended in 2008, did the definitions of a disability change?
No
What are examples of major life activities that could be substantially limited by a disability?
Eating and sleeping, caring for oneself, walking, learning, reading. Seeing, hearing
What does substantially limits mean?
Materially restricts
If someone has an impairment that is episodic or in remission, are they substantially limited?
Yes
What are examples of impairments that are episodic or in remission?
asthma, epilepsy, cancer.
What are things we use to help mitigate our disability such as hearing aids or glasses?
Corrective measures
True or false: whether someone fits a definition of disability is determined without regard to corrective measures?
TRUE
With corrective measures, is someone still considered to be disabled?
Yes
Are glasses and contact lenses an exception for impairment?
Yes. If you wear corrective lenses, you are no longer disabled
If someone who is hearing impaired, wears hearing aids, are they no longer disabled?
No
What are two jobs where it is not disability discrimination to refuse to hire because of uncorrected vision?
Military and pilots
Is drug addiction considered a disability?
Yes
Are casual users of drugs who are not addicts protected by the ADA?
No, casual users are not protected as they are not addicts
True or false: the ADA only protects former drug users; those who have completed rehab programs?
TRUE
In order to be protected by the ADA, a drug uses has to be drug free?
Yes
Can you refuse to hire someone because they reveal to you they are a drug addict?
No
If someone is an alcoholic, are they disabled?
Yes
Can you refuse to hire someone because they are an alcoholic?
No
Can you fire someone simply because they are an alcoholic?
No. You can fire them because they violate your no alcohol rule at work, but not simply because they are an alcoholic
