race and color discrim Flashcards
how does the eeoc define race (7)
as including
ancestery
physical characteristics
race-linked illness
culture
percpetion
association
sub group or race plus
summarize the eeoc cateogry of ancestory as race
Employment discrimination because of racial or ethnic ancestry
summarize the eeoc cateogry of physical characteristics as race
Employment discrimination based on a person’s physical characteristics associated with race, such as a person’s color, hair, facial features, height, and weight.
summarize the eeoc cateogry of race linked illness as race
Discrimination based on race-linked illnesses. ie like sickcle cell
summarize the eeoc cateogry of culture as race
Employment discrimination because of cultural characteristics related to race or ethnicity.
this is because cultural characteicts are often linked to race or ethnicty
summarize the eeoc category of perception as race
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.
summarize the eeoc category of association as race
Employment discrimination against an individual because of his/her association with someone of a particular race.
summarize the eeoc category of sub group or race plus as race
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.
how does the eeoc define color discrimination
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.
are race and color the same thing
no but there is a lot of interchanging
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
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.
what is the key takeaway from henderson
the one where they left the dead mouse in the black guys truck by a CO WORKER
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.
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”?
Title VII does not prohibit discrimination based upon mutable characteristics traditionally associated with a protected group
is discrimination in hiring hard or easy to proove
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.
what is reverse discrimination
When a white person alleges discrimination because of race
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
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
what is affirmative action in the employment context
Employer acknowledges that it is using race as a factor in its hiring This is you trying to remedy PAST PRACTICES
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?
Its acceptable to use an affirmative action plan in certain situations, you just need to meet the three part test
what is the johnson three part test for affirmative action
- The affirmative action plan must be designed to break down old patterns of discrimination;
- The plan must not “unnecessarily trammel the rights of other employees, nor create an absolute bar to their advancement,” and;
- The plan must be “a temporary measure, not designed to maintain racial balance, but to eliminate a manifest racial imbalance.”
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,
The plan doesn’t mean a woman will automatically be hired, but still a case by case evaluation
Doesnt bar men from being eligible
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.”
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
what part of mcdonell test is the affirmative action test in
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
