national origin discrim Flashcards
how does the eeoc define national origin?
Ethnicity: Employment discrimination against members of an ethnic group.National origin discrimination also includes discrimination against anyone who does not belong to a particular ethnic group
Physical, linguistic, or cultural traits: Employment discrimination against an individual because she has physical, linguistic, and/or cultural characteristics closely associated with a national origin group,
Perception: Employment discrimination against an individual based on the employer’s belief that he is a member of a particular national origin group
what is the key takeaway from Espinoza
Her employment application was rejected on the basis of a longstanding company policy against the employment of aliens.
What is the proper interpretation of the phrase ‘national origin’ in Title VII?
National origin = (at a minimum) is where you were born or where either of your natural parents were born (ie your ancestor)
goes to proving the first element in mcdonell
what is the eeoc guidelines for english only rules when applied all the time
Its burdensome
The eeoc will presume that such a rule violates title vii and will closely scurtines it
what is the eeoc guidlnes for english only rules when applied only at certain times
An employer may have a rule requiring that employees speak only in english at certain times where the employer can show that the rule is JUSTIFIED BY BUSINESS NECESSITY
what is the eeoc guidance on notice of english only rules
The employer should inform its employees of the general circumstances when speaking only in english is required and the consequences of violating the rule
Garcia – english only policy keytakeaway
After receiving complaints from other employees that Garcia and Buitrago spoke in Spanish to make derogatory comments about other co-workers, Spun Steak decided to implement an English-only policy.
Issue: Is an employer violating Title VII in requiring its bilingual workers to speak only English while working on the job? And if so, did the Ps in this case make out a prima facie case of discriminatory impact?
Court says that the ability to converse is a PRIVILEGE of employment; and an employer has he right to define its contours
the Court rejected employees’ argument that the ability to speak Spanish on the job denies them the right to cultural expression because Title VII does not protect this right.
what is the key takeaway from Maldonado
Complaints of people speaking spanish over the radio, cited a safety concern as the english only rule justification
Could use spanish on breaks but as soon as a non spanish speaking person came into the room you had to switch back
Issue over whether the city had a valid business necessity justification for the english only policy
An employer’s English-language-only policy may violate Title VII if it is not justified by business necessity.
what are some practical tips for employers to follow in terms of implementing an english only policy
5 in all
- Employers should ask whether the policy is absolutely necessary – do the benefits outweigh the risk of a lawsuit?
- If an employer decides to proceed, it should clearly document its rational for creating such a policy.
- The policy should be implemented and enforced in the least restrictive means possible.
- Employers must make sure to notify all employees of the policy.
- Employers must make sure that employees are not using the policy to harass other employee
when is it ok for employment decsions to be decided based on forign accent
its not a violation of title vii if an individual’s accent MATERIALLY INTERFERES with ability to perform job duties
To meet the standard that the accent materially interferes with job performance, the following must be met
1) effective spoken communication in english is REQUIRED to perform job duties and
2) the individual’s accent materially interferes with his or her ability to communicate in spoken english
what is the key takeaway from fragante (accent discrimination)
Fragante scored highest of the 721 test takers on a written examination required for consideration for the job.
He was then interviewed and it was determined that his accent made it too difficult to understand him.
Because the accent materially interfered with job performance, the Court held that the decision not to hire Fragante did not constitute discrimination on the basis of national origin.
can an illegal immigrant working here be covered under title vii
The Supreme Court has never addressed this question under Title VII, however, it has provided some guidance under the National Labor Relations Act.
what is the key takeaway from hoffoman (illegal immigration status)
Does the NLRB have the discretion to award back pay to an undocumented alien employee who was not legally authorized to work in the U.S.?
Back pay may not be awarded to aliens not authorized to work in the United States.
