Particular Issues Under Title VII Flashcards
The terms because of sex or on the basis of sex in Title VII include, but are not limited to, because of or on the basis of . . .
Pregnancy, child-birth, or related med conditions
Pregnancy and related conditions may not be treated differently than other medical conditions. True or False?
True
Firing a pregnant woman who requires numerous sick days is/isn’t a violation of Title VII if other employees who require numerous sick days are also fried.
Isn’t
Specific grooming and dress codes do/don’t violate Title VII
Don’t
While specific grooming and dress codes don’t violate Title VII, sex-specific grooming or dress codes which do what are unlawful.
Impose an unequal buren on one sex.
Is discrimination of the basis of sexual orientation protected under Title VII?
No
While discrimination of the basis of sexual orientation is not protected under Title VII, discrimination on the basis of ________ is unlawful under Title VII pursuant to the ____ _____ decision.
Stereotypes
Price Waterhouse
Is firing a man because he is not masculine enough discrimination under Title VII? Explain.
Yes, impermissible discrimination on the basis of stereotypes.
When can an employer decline to provide an accommodation for the religious practices and/or observances of an employee?
When it can demonstrate that it cannot provide the accommodation w/o undue hardship on the conduct of the employer’s business.
Does an employer need to select the employee’s proposed accommodation for religious practices and/or observances?
No
Once a reasonable accommodation for religion has been offered, do not consider the concept of . . .
Undue hardship.
What is the definition of undue hardship in the religious accommodation context?
Anything more than a de minims hardship on the employer, economic or non-economic.
What are the two exemptions for the rule that an employer must provide an accommodation for the religious practices and/or observances of an employee?
Religious organizations
Religious curriculum.
In an individual disparate treatment claim for failure to provide a religious accommodation, the plaintiff may need to show that the employer . . .
Was actually aware of the employee’s religious beliefs.
The Title VII “religious accommodation” exemption for religious organizations applies only for discrimination on the basis of religion (not sex or race). However, when the employment position in question deals with the ______ _______ of the organization, courts will not consider other charges of discrimination because it would infringe on the ____ ____ rights of the org. This is known as the what exception?
Religious core
Free Exercise
MINISTERIAL EXCEPTION.
