Title VII Flashcards
Prima Facie Case for individual
- member of a protected class
- qualified for the position
- applied for an open position (if applicable)
- suffered an adverse employment action
- treated differently than similarly situated individuals not in the class, or replaced with non-class member
How many employees will qualify an employer?
15 or more
Burden on employer
articulate a LNDR
If employer meets burden, plaintiff must prove….
pretext
Proving a mixed motive case
Must show discriminatory reason was a motivating factor in employment decision.
Systemic Disparate Treatment - plaintiff proves….
facially discriminatory policy or pattern/practice of discrimination
Sys. Dis. Tr. discriminatory policy, defendant must show…
BFOQ
BFOQ is….
reasonably necessary to normal operation of particular business, discrimination is a proxy for the qualification:
- the class is unable to perform the job safely
- 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
Sys. Dis. Tr. pattern or practice, D must show…
- flaw in factual basis for Ps prima facie case
- flaw in the inference of discrimination shown by statistics
- statutory BFOQ
- avoid disparate impact liability
Sys. Dis Tr. P must show either:
- statistics show discrimination
- anecdotal evidence
- historical evidene
Elements of lawful Affirmative Action (Weber Test)
- aim to remedy manifest imbalance
- in traditionally segregated job categories
- cannot unduly trammel the rights of disfavored groups
Sys. Dis. Impact Prima facie case
- protected class
- particular employment practice that
- causes the impact and
- disproportionate impact (80% rule)
Rebuttal to Sys. Dis. Impact:
Business necessity/job relatedness
Plaintiffs response to rebuttal of Sys. Dis. Impact
An alternative business practice is available that is not discriminatory
Harassment Prima Facie case (2 kinds)
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
Vicarious liability affirmative defense for hostile harrassment
- used reasonable care to prevent and promptly correct harassment
- employee unreasonably failed to use reporting procedures created by employer
Retaliation; Opposition claim
P challenges employment practice by employer (does not have to be a formal filing of a charge) and is subjected to adverse employment action
Retaliation; Participation claim
P files formal complaint with EEOC or relevant agency and is subject to adverse employment action.
Retaliation: Prima Facie case
- P was engaged in statutorily protected expression
- Employer was aware of conduct (opposition or participation)
- P suffered adverse employment action
- Causal connection
How is Pregnancy treated under Title VII?
Like other medical conditions
Grooming and Dress Codes must not….
impose an unequal burden on one sex
Religious practices must be…
reasonably accommodated with no undue burden on employer
What types of damages are available?
- Legal but not liquidated
2. Equitable
