sex discrimination

Question 1

did the og title vii statute include sex

Answer 1

no

Question 2

via oncale, what are some cirucmstaces where ‘because of sex’ can be satisfied

Answer 2

By showing that the employer’s conduct was sexual in nature;
By establishing that the company treated one sex with hostility;
Through comparative evidence showing that one sex was treated better than another.

Question 3

how did congress ensure that pregnant woman are protected under title vii via sex

Answer 3

Amended title vii with pregnancy discrimination act (PDA)
Not a separate statute, just an amendment that is still a title seven claim

Question 4

what is the PDA

what does it include

Answer 4

The PDA mandates that pregnant women, or women affected by pregnancy-related conditions, be treated the same as other non-pregnant employees who were similarly unable to work. Failure to do so is sex discrimination under Title VII.

The PDA also includes childbirth and related medical conditions in its terms.
Pregnancy and pregnancy related conditions are protected under title vii

Question 5

what is the key takeaway from ames (the breast feeding case)

Ames alleged that upon her return to work following the birth of her second child she was denied access to a lactation room, informed that she only had two weeks to catch up on her work, and told to “go home to be with your babies” by her department head, who then dictated what Ames should say in her resignation letter.

Answer 5

To prove constructive discharge, an employee must show that the employer deliberately created intolerable working conditions with the intention of forcing her to quit.
The Eighth Circuit rejected Ames’s argument and held that Nationwide made several attempts to accommodate Ames, which shows its intent to maintain its employment relationship with her.

Question 6

what is the fmla

Answer 6

Under the FMLA, covered and eligible employees are entitled to take twelve weeks of unpaid leave during a twelve month period to care for a newborn child, to address a serious health condition, or to care for a close family member with a serious health condition.

Question 7

what aare the coverage requirements for fmla via private employers

Answer 7

Private sector employer must employ 50 or more workers for 20 or more weeks of the current or prior calendar year

Question 8

what are the coverage requirments for fmla via public employers

Answer 8

Public agencies are covered irrespective of the number of employees

Question 9

what are the coverage requirments for employees under the fmla

Answer 9

Employee must have been employed at a company for a minimum for 12 months before the protections of the FMLA will begin AND
The employee must have worked at least 1,250 hours during the prior 12 month period AND
The employee must be employed at a site where the company maintains 50 or more employees within a 75 mile radius.

Question 10

what is the fmla notice requirment

Answer 10

Employees must give their employers at least 30 days advance notice of the anticipated leave
Not always possible in emergency situations
If unable to provide 30 day notice for a legitimate reason, the employee must give “notice as soon as possible and practicable under the circumstances.”

Question 11

what is the fmla anti retaliation provision

Answer 11

Where an employee attempts to avail herself of her right to take leave under the statute, she cannot be retaliated against under the FMLA.
If an employer does retaliate, the employee has a separate cause of action under the statute.

Question 12

what is the key takeaway from Makowski

She informed the firm she was pregnant and requested, and was granted, leave under the FMLA.
Shortly thereafter, while still on maternity leave, the firm decided to terminate her, stating she did not “fit into [their] culture.”

Answer 12

Under the Family and Medical Leave Act, an employer may not retaliate against an employee who takes medical leave, including maternity leave.

Question 13

what is the key takeaway from bostock?

Answer 13

Title VII prohibits employment discrimination based on sexual orientation or gender identity (transgender status)

Question 14

does title vii expressly protect sexual orientation

Answer 14

no but the bostock opinion says that it is

Question 15

what is the bona fide occupatinoal exception? (BFOQ)

what protected category is covered

Answer 15

Permits intentional discrimination on the basis of sex, national origin, or religion in very limited circumstances

Use of this exception is limited to where the BFOQ is reasonably necessary to the normal operation of the particular business

Question 16

what is the key takeaway from dothard
Rawlinson applied for a position as a correctional counselor trainee but was refused employment because she failed to meet the minimum 120-pound weight requirement establish by statute.
In defense of the overt statutory discrimination, Dothard relied on the BFOQ defense.

Answer 16

SCOTUS held that the BFOQ defense could permit the hiring of one gender.

Says there is something about being a woman that would prevent them from being an effective prison guard in this context
More difficult to establish respect as female guard

Question 17

what does the dissent in dothard say

Answer 17

If the prison cant maintain order why is it fair to excluded, punish the P

Question 18

do we still follow the dothard descsion (ie court reasoning BFOQ of hiring only men ok)

Answer 18

no its been distingished away

Question 19

what is the key takeawy from johnson controls

Johnson Controls enacted a policy that excluded women who are pregnant or who are capable of bearing children from jobs that involved lead exposure. The policy only allowed women to work in these jobs if their inability to bear children was medically documented

May an employer exclude a fertile female employee from certain jobs because of its concern for the health of the fetus the woman might conceive?

Answer 19

helps refine the BFOQ test

SCOTUS analyzed the BFOQ safety exception defense, finding that the defense is only applicable in narrow circumstances
This exception is to be applied narrowly
The BFOQ is not so broad that it transforms this deep social concern into an essential aspect of a battery making

Question 20

what is the two part BFOQ test established from johnson controls

Answer 20

1 the discrimination must be job related
2. The necessary discrimination must go to the essence or central mission of what the employer does

Question 21

what is privacy BFOQ

Answer 21

Privacy interests may justify sex based requirements for certain jobs
The BFOQ applies to certain sensitive areas of employment that interact with an individual’s right to privacy

Question 22

do courts allow customer preference BFOQ

Answer 22

no

Question 23

when does the eeoc say that different grooming standards for men and women are ok

Answer 23

where differing standards comply with general societal norms

Question 24

how can employers choosing attractive workers over unattractive ones become a title vii problem

Answer 24

Some employers may correlate younger workers with being more attractive, which raises potential issues of age discrimination.

Question 25

what is the key takeaway from Jepersen

Harrah’s called its appearance standards the “Personal Best” program. Bartenders were required to attend training on how to adhere to the standards.

These standards were amended to require all female beverage servers to wear makeup.
Jespersen refused to comply and she was terminated.

Answer 25

An employer’s grooming standards that appropriately discriminate by gender are not facially discriminatory under Title VII

The Ninth Circuit held that under the “unequal burdens” test, Jespersen failed to introduce evidence raising a triable issue

the males had to adhere to standards as well so it wasnt ‘because of’ sex

Question 26

what did the dissent say in jespersen

the grooming standards for bartenders

Answer 26

Thought p satisfied her burden
She was fired because of not complying with the mandate set to her sex
Thought it was a triable issue of fact that should have gone to a jury

Question 27

what is the equal pay act? is it part of title vii

Answer 27

Its a separate statute; requires that men and women be paid same for equal work

Question 28

does bringing a claim under the equal pay act require a showing of intent

Answer 28

no

Question 29

what are the elements of a equal pay act

Answer 29

1) The plaintiff was performing work which was substantially equal to that of employees of the opposite sex, taking into consideration the skills, duties, supervision, effort, and responsibilities of the jobs;
2) The conditions where the work was performed were basically the same; and
3)Employees of the opposite sex were paid more under such circumstances.

Question 30

after p establishes a prima facie case for equal pay act claim, what does the d have to do? what burden do they have

Answer 30

the burden of persuasion shifts to the employer to establish one of the STATUTORY EXCEPTIONS:
1.A seniority system;
2.A merit system;
3.A system which measures earnings by quantity or quality of production; or
4.A differential based on any other factor other than sex.

Question 31

how long do yu have a cause of action under the equal pay act

Answer 31

after 2 years, three if prove it was intentional

Question 32

what is the key takeaway from ledbetter

Ledbetter worked for Goodyear from 1979 until 1998. During this time, salaried employees were given or denied raises based on their supervisor’s evaluation of their performance.

In 1998, Ledbetter filed a formal EEOC charge for sex discrimination.
She also filed a Title VII pay discrimination claim and a claim under the Equal Pay Act.

Answer 32

that according to Title VII, discriminatory intent must occur during the 180-day charging period with the EEOC. Because Ledbetter did not claim that Goodyear acted with discriminatory intent during the charging period, her claim failed

Question 33

what is the lilly ledbetter act

Answer 33

ammends title vii to say that discrimination occurs when

a discriminatory compensation decision or other practice is adopted,

when an individual becomes subject to a discriminatory compensation decision or other practice

or when an individual is affected by application of a discriminatory compensation decision or other practice, including each time wages, benefits, or other compensation is paid

Question 34

what is the key takeaway from king v acosta

After quitting in 2007, King charged Acosta with two kinds of sex discrimination:
That Acosta maintained a hostile work environment in which conditions for women were inferior to those for men; and
That Acosta paid women less than men for the same work

Answer 34

A gendered wage gap violates the Equal Pay Act if an employer cannot prove that some other factor accounts for the gap.

D reasoning for the unequal pay was education but it held no water
You need to be able to explain the pay discrepancy

Question 35

what kind of defense is the BFOQ

Answer 35

affirmative

Question 36

what is the BFOQ NEVER gonna be applied to

Answer 36

race or color

Question 37

after the lilly ledbetter act when can you file a claim for pay discirm

Answer 37

180/300 days from last discrim paycheck