Title VII

Question 1

Prima Facie Case for individual

Answer 1

1. member of a protected class
2. qualified for the position
3. applied for an open position (if applicable)
4. suffered an adverse employment action
5. treated differently than similarly situated individuals not in the class, or replaced with non-class member

Question 2

How many employees will qualify an employer?

Answer 2

15 or more

Question 3

Burden on employer

Answer 3

articulate a LNDR

Question 4

If employer meets burden, plaintiff must prove….

Answer 4

pretext

Question 5

Proving a mixed motive case

Answer 5

Must show discriminatory reason was a motivating factor in employment decision.

Question 6

Systemic Disparate Treatment - plaintiff proves….

Answer 6

facially discriminatory policy or pattern/practice of discrimination

Question 7

Sys. Dis. Tr. discriminatory policy, defendant must show…

Answer 7

BFOQ

Question 8

BFOQ is….

Answer 8

reasonably necessary to normal operation of particular business, discrimination is a proxy for the qualification:

1. the class is unable to perform the job safely
2. some of the class will have a trait that doesnt allow safe and efficient performance, and its impossible to deal with this on an individual basis

Question 9

Sys. Dis. Tr. pattern or practice, D must show…

Answer 9

1. flaw in factual basis for Ps prima facie case
2. flaw in the inference of discrimination shown by statistics
3. statutory BFOQ
4. avoid disparate impact liability

Question 10

Sys. Dis Tr. P must show either:

Answer 10

1. statistics show discrimination
2. anecdotal evidence
3. historical evidene

Question 11

Elements of lawful Affirmative Action (Weber Test)

Answer 11

1. aim to remedy manifest imbalance
2. in traditionally segregated job categories
3. cannot unduly trammel the rights of disfavored groups

Question 12

Sys. Dis. Impact Prima facie case

Answer 12

1. protected class
2. particular employment practice that
3. causes the impact and
4. disproportionate impact (80% rule)

Question 13

Rebuttal to Sys. Dis. Impact:

Answer 13

Business necessity/job relatedness

Question 14

Plaintiffs response to rebuttal of Sys. Dis. Impact

Answer 14

An alternative business practice is available that is not discriminatory

Question 15

Harassment Prima Facie case (2 kinds)

Answer 15

Quid pro quo: sexual conduct is a condition of tangible employment benefits
Hostile work environment:
1. member of protected class
2. conduct at issue is because of membership
3. behavior was unwelcome (only for sex)
4. severe or pervasive

Question 16

Vicarious liability affirmative defense for hostile harrassment

Answer 16

1. used reasonable care to prevent and promptly correct harassment
2. employee unreasonably failed to use reporting procedures created by employer

Question 17

Retaliation; Opposition claim

Answer 17

P challenges employment practice by employer (does not have to be a formal filing of a charge) and is subjected to adverse employment action

Question 18

Retaliation; Participation claim

Answer 18

P files formal complaint with EEOC or relevant agency and is subject to adverse employment action.

Question 19

Retaliation: Prima Facie case

Answer 19

1. P was engaged in statutorily protected expression
2. Employer was aware of conduct (opposition or participation)
3. P suffered adverse employment action
4. Causal connection

Question 20

How is Pregnancy treated under Title VII?

Answer 20

Like other medical conditions

Question 21

Grooming and Dress Codes must not….

Answer 21

impose an unequal burden on one sex

Question 22

Religious practices must be…

Answer 22

reasonably accommodated with no undue burden on employer

Question 23

What types of damages are available?

Answer 23

1. Legal but not liquidated

2. Equitable