State Law Flashcards
NRS 613.330 expanded the protections of Title VII to include ________________.
sexual orientation
NRS 613.350
It is an unlawful employment practice for an employer to fail or refuse to hire or to discharge any person, or otherwise to discriminate against any person with respect to his compensation, terms, conditions or privileges of employment, because of his ________________________________.
race, color, religion, sex, sexual orientation, age, disability or national origin.
LVMPD WANTS TO STOP DISCRIMINATORY BEHAVIOR BEFORE IT BECOMES OF FEDERAL OR STATE LAW THAT COULD RESULT IN A LAWSUIT.
Thus, it is important to understand that the LVMPD uses stricter guidelines for enforcing its harassment and discrimination policy than what may be needed by EEOC or NERC to file a suit under federal or state law.
How many incident(s) may be sufficient for the Department to sustain a complaint of harassment or discrimination?
ONE
Discrimination occurs when any act, practice or pattern has an adverse impact on an identifiable group compared to the impact on the majority group. __________ discrimination occurs when a member of a protected class is adversely affected without sufficient legal justification.
a. Improper
b. Intolerant
c. Illegal
d. Indecent
C. ILLEGAL
“Protected Classes” as defined by Title VII include RACE, COLOR, RELIGION, SEX and NATIONAL ORIGIN. In addition to SEXUAL ORIENTATION, NRS and LVMPD Department policy also include ______________ and __________ as protected classes.
a. Age
b. Veteran Status
c. Political Affiliation
d. Disability
e. A and D only
f. B and C only
F. B and C only
Although Age and Disability are protected classes, DISCRIMINATION is NOT determined by GROUP comparisons but on INDIVIDUAL case by case basis.
When a claim of discrimination is made by an employee, the investigation will focus on derogatory comments or remarks, persistent conduct or behavior that is offinsive either directly or indirectly to another person, or practices or decisions that effect the fair treatment of individuals within these protected classes.
True or False
True
Disparate or different treatment occurs when an employer treats an individual less favorably than other similarly situated individuals BECAUSE of their race, color, religion, sex, or national origin.
A claim of discrimination which is based on an allegation of disparate treatment must first initially establish:
- That the complainant is a member of a _________ AND
- The complainant was treated _________ from individuals similarly situated.
PROTECTED CLASS
DIFFERENTLY
To prove a disparate treatment claim, the employer’s actions must be based on a discriminatory motive but MUST be deliberate or willful.
True or False
FALSE!!!
must be based on a discriminatory motive but DO NOT need to be deliberate or willful.
_________ evidence can further be shown when an employer knew or reasonably should have known that practices, policies or the behaviors of its employees were discriminatory but failed to take appropriate corrective action.
a. Positive
b. Concrete
c. Indirect
d. Direct
d. Direct
Discriminatory motive can be proven by using comparative, statistical, or direct evidence.
The ultimate burden of proof always stays with the complainant in proving that discrimination against them was based on their race, color, religion, sex, national origin, or other protected classes.
A discriminatory motive is proved when:
- Sufficient __________ reasonably determines that the employer’s explanation to the charge is false
AND - That discrimination was more than likely the _____________ factor.
- evidence
- motivating
The Uniform Guidelines on Employee Selection Procedures defines __________ as: “A substantial different rate of selection in hiring, promotion or other employment decision which works to the disadvantage of members of a race, sex, or ethnic group.”
a. Direct Impact
b. Adversity Impact
c. Adverse Impact
d. None of the above
C. Adverse Impact
The principle that employment policies and practices which have an adverse impact on minorities and women that are NOT JUSTIFIED BY BUSINESS NECESSITY constitute illegal discrimination under Title VII.
True or False
TRUE
Under Federal law, one isolated incident is rarely enough to constitute harassment. However, remember that Department policies are more strict than Federal or State law and one incident can be enough to sustain a complaint.
True or False
TRUE
Generally, harassment requires that the offensive conduct be:
a. continuous
b. frequent
c. repetitive
d. part of an overall pattern
e. a and d only
f. all of the above
F.
rather than one event or even several isolated incidents separated by some time.
