Topic 2 Flashcards
Enacted in 1964, it prohibits race discrimination in employment.
Civil Rights Act of 1964
Protects all races from discrimination.
Title VII of the Civil Rights Act of 1964
the primary reason(s) U.S.C. section 1981 and the Civil Rights Act of 1871 were ineffective in improving the rights of black Americans
The lack of enforcement
Title VII covers employers who have “__________ or more employees for each working day in each of twenty or more calendar weeks in the current or preceding calendar year, and any agent of such a person.”
15
Title VII does not prevent employers of businesses operated in proximity to Native American reservations from preferring Indigenous Americans over others for jobs. (T/F)
True
Protected classes under Title VII
Race, color, sex
The federal agency that enforces federal anti-discrimination laws and oversees all federal equal opportunity in employment regulations.
Equal Employment Opportunity Commission (EEOC)
Protects men and women who perform substantially equal work in the same establishment from sex-based wage discrimination
The Equal Pay Act of 1963 (EPA)
Protects individuals who are 40 years of age or older
The Age Discrimination in Employment Act of 1967 (ADEA)
Prohibit disability discrimination in the private sector
The Americans with Disabilities Act of 1990 (ADA) (Title I and Title V), and its 2008 Amendments (ADAAA)
Prohibit discrimination against qualified individuals with disabilities who work in the federal government
The Rehabilitation Act of 1973 (Sections 501 and 505)
Allows for compensatory and punitive damages for violations of Title VII
The Civil Rights Act of 1991
Protects military personnel from employment discrimination
The Uniformed Services Employment and Re-employment Rights Act (USERRA)
Which federal agency was created by the Civil Rights Act of 1964 and tasked to enforce federal anti-discrimination statutes
EEOC
During its first few years, the EEOC lacked enforcement authority and had power only to investigate discrimination and then refer meritorious claims to the _________________ to pursue through litigation.
Department of Justice
The EEOC has influenced the judicial interpretation of civil rights legislation by helping to define what constitutes __________.
Discrimination
Before an employee or job candidate can take a complaint of job discrimination under Title VII to court, he/she must first
File with the EEOC
Real, clear evidence of discrimination that requires no inference or consideration to prove its existence.
Direct Evidence
Evidence of discrimination that is found by comparing two similarly situated employees who were treated differently because of a class characteristic.
Comparative Evidence
A reasonable employment qualification that an employer is allowed to consider when making decisions about hiring and retaining employees.
Bona Fide Occupational Qualification (BFOQ)
When an employer’s policies have the effect of discrimination for no legitimate business necessity.
Pattern and Practice
The intentional adverse or unequal treatment of an individual based upon a protected class characteristic.
disparate treatment under Title VII
Disparate treatment may be established by _____________ of discriminatory motive.
Direct evidence
Discrimination in which a plaintiff claims not that the employer intentionally discriminated, but rather the employer’s procedures, policies, or practices have the effect of creating an unnecessary obstacle to employment opportunity for a protected class.
Disparate Impact Discrimination
Theory of discrimination based on different treatment given to individuals because of their race, color, religion, sex, national origin, age or disability status
Disparate Treatment
______________ discrimination is directed at an individual, _____________ discrimination is directed at a class of persons.
Disparate treatment : disparate impact
Duke Power’s standard intelligence test had disparate impact on black employees
The ruling in the Griggs v. Duke Power
Congress passed the ________________ to codify the concept of disparate impact discrimination as articulated in Griggs v. Duke Power.
Civil Rights Act of 1991
(Latin for “at first sight”) Evidence based on the first impression.
Prima Facie
A legitimate business purpose that justifies an employment decision as effective and necessary.
Business Necessity
The simplest and most common way of estimating adverse impact by ruling a screening device as discriminatory if its selection rates of a protected class are less than 80% of the majority.
Four-fifths Rule
A test or set of hiring criteria
Screening device
In a disparate impact claim, plaintiffs may allege that the employer-offered business reasons for adverse employment action is merely a _______ or cover-up for discrimination.
Pretext
_______________is the foundational case that establishes the notion of pretextual discrimination.
McDonnell Douglas, Corp. v. Green
The rationale of the prima facie case in disparate impact cases is to eliminate the _____________ reasons for a job denial and thereby show that discrimination is the most plausible explanation.
Disparate
A negative job action that results from an employee’s lawful actions.
Adverse Job Action
A complaint filed by an employee who feels he or she was discriminated against in violation of the law.
Retaliation Claim
An adverse employer job action based upon an employee’s lawful actions
Retaliation
The fact that an employee has exercised his or her rights under an anti-discrimination statute does not prevent an employer from taking _______________ against that employee if performance lags or discipline is necessary.
Limited job action
A desired action resulting from a successful lawsuit.
Remedies
Monetary compensation for a plaintiff’s lost earnings.
Back Pay
Monetary compensation necessary to replace a plaintiff’s losses.
Compensatory Damages
Monetary damages designed to punish an employer who acted maliciously or recklessly.
Punitive Damages
A remedy in which a former employee returns to his or her job.
Reinstatement
Monetary compensation in lieu of reinstatement.
Front Pay
A court order that prohibits a defendant from certain actions.
Injunctive Relief
The right to make and enforce contracts, to sue, be parties, give evidence, and to the full and equal benefit of all laws
U.S.C. Section 1981
How long does the application Title VII continue after a firm has reached a critical mass of 15 employees?
One year
In 1972, Congress amended Title VII, by passing the _______________________ which give the EEOC authority to conduct its own enforcement litigation.
Equal Employment Opportunity Act
Protect men and women who perform substantially equal work in the same establishment from sex-based wage discrimination
Main purpose of the Equal Pay Act of 1963
Title I and Title V of the Americans with Disabilities Act of 1990 (ADA) and its 2008 Amendments (ADAAA) prohibit disability discrimination in the:
Private and public sectors
The four-fifths rule provides that a screening device – test or other hiring criteria – will be discriminatory if the selection rate of a protected class is less than ____ percent of the majority.
80
Unlike disparate treatment based upon __________ characteristics, retaliation involves adverse job action based upon an employee’s lawful actions.
Class
In the private employer arena, an employee would have to look to the public policy exceptions and to the _____________to determine if a case for retaliatory discharge is available.
At-will doctrine
Money awards may take the form of back pay for up to ________, for the time an employee was not working,
2 years
