Statutes Flashcards

1
Q

Title VII of the Civil Rights Act of 1964 covers which groups?

Pneumonic?

A

Race, Color, Religion, Sex, and National Origin.

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2
Q

What actions does Title VII prohibit employers from doing on the basis of Race, Color, Religion, Sex, and National Origin?

A

Fail or refuse to hire
Discharge
Discriminate
Limit, segregate, or classify employees in a way that deprive the protected class.

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3
Q

What are the 5 protected classes under Title VII?

A

National Origin

Race

Color

Religion

Sex

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4
Q

Which 3 groups are exempt from Title VII?

A

Religious corps, assocs, ed inst., or society (with respect to religion of employees performing work of the corp., assoc., ed inst., society)

Private Membership Clubs

Indian Tribes

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5
Q

The ADEA protects what class of people?

A

Those who are 40 years of age or older.

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6
Q

Who are the three typical defendants in an ADEA case?

A

Employers (20 or more)

Labor Unions

Employment Agencies

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7
Q

Who are the three typical defendants in a Title VII case?

A

Employers (15 or more)

Labor Unions

Employment Agencies

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8
Q

What is the difference in the required number of employees under Title VII and ADEA?

A

15 for Title VII

20 for ADEA

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9
Q

Who is exempt from the ADEA? Why?

A

States. They retain their 11th Amendment Immunity from suit.

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10
Q

The ADA covers who . . . (general term)?

A

Qualified individuals

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11
Q

In addition to prohibiting general discrimination against qualified individuals, what does the ADA require of employers?

A

Make reasonable accommodation to the known physical or mental limitations

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12
Q

When is the employer NOT required to make a reasonable accommodation under the ADA?

A

If the employer can demonstrate that the accommodation would cause undue hardship.

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13
Q

What are the 3 ways to fall within a protected class under the ADA?

A

Actual physical disability

Record of an impairment

Regarded as having a physical or mental impairment

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14
Q

Disability is defined as . . . (3) under the ADA.

A

Mental or physical impairment

That substantially limits

A major life activity.

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15
Q

Qualified individuals under the ADA are defined as . . . (3)

A

Individual with a disability

Who with or without a reasonable accommodation

Can perform the essential functions of the jon

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16
Q

If, with or without an accommodation, a disable individual CANNOT perform the essential functions of the job, can he qualify for protection under the ADA?

A

No.

17
Q

Who is subject to the ADA?

A

Employers (15+)

18
Q

Who is exempt from the ADA? Why?

A

States. They retain their 11th Amendment Immunity from suit.