race and color discrim

Question 1

how does the eeoc define race (7)

Answer 1

as including

ancestery
physical characteristics
race-linked illness
culture
percpetion
association
sub group or race plus

Question 2

summarize the eeoc cateogry of ancestory as race

Answer 2

Employment discrimination because of racial or ethnic ancestry

Question 3

summarize the eeoc cateogry of physical characteristics as race

Answer 3

Employment discrimination based on a person’s physical characteristics associated with race, such as a person’s color, hair, facial features, height, and weight.

Question 4

summarize the eeoc cateogry of race linked illness as race

Answer 4

Discrimination based on race-linked illnesses. ie like sickcle cell

Question 5

summarize the eeoc cateogry of culture as race

Answer 5

Employment discrimination because of cultural characteristics related to race or ethnicity.

this is because cultural characteicts are often linked to race or ethnicty

Question 6

summarize the eeoc category of perception as race

Answer 6

Employment discrimination against an individual based on a belief that the individual is a member of a particular racial group, regardless of how the individual identifies himself.

Question 7

summarize the eeoc category of association as race

Answer 7

Employment discrimination against an individual because of his/her association with someone of a particular race.

Question 8

summarize the eeoc category of sub group or race plus as race

Answer 8

it would violate Title VII for an employer to reject Black women with preschool-age children, while not rejecting other women with preschool-age children.

Question 9

how does the eeoc define color discrimination

Answer 9

based on Pigmentation, complexion, or skin shade or tone. Thus, color discrimination occurs when a person is discriminated against based on the lightness, darkness, or other color characteristic of the person.

Question 10

are race and color the same thing

Answer 10

no but there is a lot of interchanging

Question 11

what is the key takeaway from pipefitters

The question in this case is not whether racial harassment occurred, but whether the union and/or the employer should be held liable

Answer 11

Unions do not have an affirmative duty to prevent racial harassment or other forms of workplace discrimination.

employer is in a much better position to prevent or eliminate harassment.

Question 12

what is the key takeaway from henderson

the one where they left the dead mouse in the black guys truck by a CO WORKER

Answer 12

An employer is liable for a hostile work environment if the plaintiff demonstrates that the employer acted negligently in either discovering or remedying severe and pervasive harassment.

Question 13

what is the key takeaway from Catastrophe managment solutions

the loc case ;Is the court correct in rejecting the view of the EEOC that “denying a black person employment on the basis of her dreadlocks through the application of a race-neutral grooming policy constitutes intentional discrimination”?

Answer 13

Title VII does not prohibit discrimination based upon mutable characteristics traditionally associated with a protected group

Question 14

is discrimination in hiring hard or easy to proove

Answer 14

Hard to prove but easy to study because a prospective employee will often have little information about the place to which she is applying or the reason why the application was rejected.

Question 15

what is reverse discrimination

Answer 15

When a white person alleges discrimination because of race

Question 16

what is the takeaway from santa fe trail

Petitioners, both white, and Charles Jackson, a black employee of Santa Fe, were jointly and severally charged with misappropriating 60 one-gallon cans of antifreeze, which were part of a shipment Santa Fe was carrying for one of its customers.
Six days later, petitioners were fired from Santa Fe, while Jackson was retained.

does title vii protect white employees under race

Answer 16

The Act prohibits all racial discrimination in employment, without exception for any group of particular employees

The analysis will be the same, regardless of your race

Question 17

what is affirmative action in the employment context

Answer 17

Employer acknowledges that it is using race as a factor in its hiring This is you trying to remedy PAST PRACTICES

Question 18

what is the key takeaway from Johnson
As an affirmative action employer, the Agency took into account the sex of the applicants in making the promotion decision.

The Agency’s affirmative action plan allowed the Agency to consider the sex or ethnicity of a qualified applicant, however, it set no specific number of positions aside for minorities or women.

The Agency’s stated long-term goal was to attain a work force whose composition reflected the proportion of minorities and women in the county labor force.

Did the Agency impermissibly take into account the sex of the applicants in the promotion process and violate Title VII?

Answer 18

Its acceptable to use an affirmative action plan in certain situations, you just need to meet the three part test

Question 19

what is the johnson three part test for affirmative action

Answer 19

1. The affirmative action plan must be designed to break down old patterns of discrimination;
2. The plan must not “unnecessarily trammel the rights of other employees, nor create an absolute bar to their advancement,” and;
3. The plan must be “a temporary measure, not designed to maintain racial balance, but to eliminate a manifest racial imbalance.”

Question 20

explain element two of affirmative action test
2. The plan must not “unnecessarily trammel the rights of other employees, nor create an absolute bar to their advancement,

Answer 20

The plan doesn’t mean a woman will automatically be hired, but still a case by case evaluation
Doesnt bar men from being eligible

Question 21

explain element three of affirmative action test
3. The plan must be “a temporary measure, not designed to maintain racial balance, but to eliminate a manifest racial imbalance.”

Answer 21

Long Term goal to reach numbers but also short term goals and once attained the plan is done
Not meant to maintain balance, just to get there

Question 22

what part of mcdonell test is the affirmative action test in

Answer 22

the second burden shift to d;The plan has to have a legit nondiscrimnatory reason behind it
Ie because the plan is a prima facie case of discrimination the burdne shifts to D to show legitness via the three party test