Title 7 Specific Protections

Question 1

Name 3 things about race discrimination not found in other protected classes.

Answer 1

1. Race is never defined under Title 7
2. No BFOQ.
3. Associational included.

Question 2

State the 2021 Sex Discrim change.

Answer 2

Trans & gay are protected under stereotype or sex non-conformity.
Why? it’s discrimination “because of sex.”

Question 3

What is unique about english only discrim?

Answer 3

Presumptively unlawful.

Question 4

What 3 things must be present to make the presumptively unlawful discrimination vs. national origin permissible?

Answer 4

Permissible if:
1. Job related
2. Tailor narrow,
3. Give notice.

Question 5

What seems like its own category but is included under national origin?

Answer 5

English language speaking only.

Question 6

What is the unique imposition placed on LG in a religion claim?

Answer 6

MUST accommodate unless undue hardship.

Question 7

What type of causation must a religion PL show?

Answer 7

Accommodation was the motivating factor.

Question 8

State 3 characteristics of the type of religion that is protected.

Answer 8

Need not be mainstream.
Sincerely held.
Cannot question correctness.

Question 9

What does a Title 7 claim of unintentional discrim get PL?

Answer 9

No money.