Test 3 : CH 33 Flashcards
Is discrimination allowed when hiring someone?
- Discrimination is generally allowed unless the law specifically protects a class
Equal Opportunity in Employment
- The rights of all employees and job applicants to be treated without discrimination and be able to sue employers if they are discriminated against
EEOC
- Equal Employment Opportunity Commission
- The federal administrative agency that is responsible for enforcing most federal antidiscrimination laws
What statute outlawed employment discrimination against certain classes?
- Title VII of the Civil Rights Act of 1964
Title VII of Civil Rights Act of 1964
- Enacted to eliminate job discrimination based on race, color, religion, sex, and national origin
Name the Big Five
- race
- color
- religion
- sex
- national origin
True or False: Employers with 14 employees are under the coverage of Title VII
- False, the law applies to employers with 15+ employees
Does Title VII apply to all employment agencies?
- Yes
Disparate-Treatment Discrimination
- employer discriminates against a specific individual based on the person’s race, color, religion, sex, or national origin
- obvious discrimination
Disparate-Impact Discrimination
- employer discriminates against huge portion of a protected class
- non-obvious discrimination
Pregnancy Discrimination Act
- forbids discrimination due to pregnancy, childbirth, or medical conditions
Hostile Working Environment
- outrageous acts, lewd remarks, touching, intimidation, posting of indecent materials, and other verbal or physical conduct of a sexual nature
Quid Pro Quo
- illegal demand for sexual favor in the workplace
True or False: Same-sex harassment does not violate Title VII
- false, same-sex harassment violates Title VII
What are some employer defenses against Title VII?
- exercised care to prevent and correct behavior
- plaintiff/employee failed to take advantage of preventive measures
Religious Discrimination
- discrimination based on a person’s religion or religious practices
True or False: An employee has to accommodate all religious observances, practices, and beliefs of employees
- false, illegal religious acts are not protected at all
- employer has to /reasonably/ accommodate
Bona Fide Occupational Qualification
- fundamental constraint
- job related and a business necessity
Equal Pay Act
- protects both sexes from pay discrimination based on gender
Equal pay prohibits difference in pay for jobs that require these conditions
- equal skill
- equal effort
- equal responsibility
- similar working conditions
Four Criteria that Justify Different Wages
- seniority
- merit
- quantity/quality of product
- any factor other than sex
Age Discrimination
- prohibits age discrimination against employees who are 40+
True or False: Someone who is 39 cannot be discriminated against under the BFOQ law.
- False, they are not protected because they are not yet 40 years old or more
Qualified Individual with a Disability
- prohibits discrimination against individual who has physical or mental impairment that limits a major life activity
Limits on Employer Question
- limits employer’s ability to inquire about an applicant’s disabilities
Reasonable Accommodation for Disability
- employer is obliged to reasonably accommodate an individual’s disability
Undue Hardship
- employers are not obligated to provide accommodations that impose undue hardship on employer
Uncovered Conditions
- certain conditions of disability, like temporary impairments, and users of illegal drugs and alcohol are not covered by the act
Affirmative Action Plan
- job preferences given to minority groups and other protected-class applicants when making employment decisions
- only occurs if there is existing problem
- only temporary
Reverse Discrimination
- discrimination against majority group
- majority group may sue under Title VII
What does Protection from Retaliation prevent an employer from doing?
- dismissing, demoting, harassing, etc an employee
