Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Employment Law > Topic 2 > Flashcards

Topic 2 Flashcards

You may prefer our related Brainscape-certified flashcards:
MBE flashcards MPRE flashcards Civil Procedure 1L flashcards
1
Q

Enacted in 1964, it prohibits race discrimination in employment.

A

Civil Rights Act of 1964

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Protects all races from discrimination.

A

Title VII of the Civil Rights Act of 1964

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

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

A

The lack of enforcement

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

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.”

A

15

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

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)

A

True

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Protected classes under Title VII

A

Race, color, sex

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

The federal agency that enforces federal anti-discrimination laws and oversees all federal equal opportunity in employment regulations.

A

Equal Employment Opportunity Commission (EEOC)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Protects men and women who perform substantially equal work in the same establishment from sex-based wage discrimination

A

The Equal Pay Act of 1963 (EPA)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Protects individuals who are 40 years of age or older

A

The Age Discrimination in Employment Act of 1967 (ADEA)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Prohibit disability discrimination in the private sector

A

The Americans with Disabilities Act of 1990 (ADA) (Title I and Title V), and its 2008 Amendments (ADAAA)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Prohibit discrimination against qualified individuals with disabilities who work in the federal government

A

The Rehabilitation Act of 1973 (Sections 501 and 505)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Allows for compensatory and punitive damages for violations of Title VII

A

The Civil Rights Act of 1991

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Protects military personnel from employment discrimination

A

The Uniformed Services Employment and Re-employment Rights Act (USERRA)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Which federal agency was created by the Civil Rights Act of 1964 and tasked to enforce federal anti-discrimination statutes

A

EEOC

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

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.

A

Department of Justice

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

The EEOC has influenced the judicial interpretation of civil rights legislation by helping to define what constitutes __________.

A

Discrimination

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Before an employee or job candidate can take a complaint of job discrimination under Title VII to court, he/she must first

A

File with the EEOC

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

Real, clear evidence of discrimination that requires no inference or consideration to prove its existence.

A

Direct Evidence

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

Evidence of discrimination that is found by comparing two similarly situated employees who were treated differently because of a class characteristic.

A

Comparative Evidence

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

A reasonable employment qualification that an employer is allowed to consider when making decisions about hiring and retaining employees.

A

Bona Fide Occupational Qualification (BFOQ)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

When an employer’s policies have the effect of discrimination for no legitimate business necessity.

A

Pattern and Practice

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

The intentional adverse or unequal treatment of an individual based upon a protected class characteristic.

A

disparate treatment under Title VII

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

Disparate treatment may be established by _____________ of discriminatory motive.

A

Direct evidence

24
Q

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.

A

Disparate Impact Discrimination

25
Q

Theory of discrimination based on different treatment given to individuals because of their race, color, religion, sex, national origin, age or disability status

A

Disparate Treatment

26
Q

______________ discrimination is directed at an individual, _____________ discrimination is directed at a class of persons.

A

Disparate treatment : disparate impact

27
Q

Duke Power’s standard intelligence test had disparate impact on black employees

A

The ruling in the Griggs v. Duke Power

28
Q

Congress passed the ________________ to codify the concept of disparate impact discrimination as articulated in Griggs v. Duke Power.

A

Civil Rights Act of 1991

29
Q

(Latin for “at first sight”) Evidence based on the first impression.

A

Prima Facie

30
Q

A legitimate business purpose that justifies an employment decision as effective and necessary.

A

Business Necessity

31
Q

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.

A

Four-fifths Rule

32
Q

A test or set of hiring criteria

A

Screening device

33
Q

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.

A

Pretext

34
Q

_______________is the foundational case that establishes the notion of pretextual discrimination.

A

McDonnell Douglas, Corp. v. Green

35
Q

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.

A

Disparate

36
Q

A negative job action that results from an employee’s lawful actions.

A

Adverse Job Action

37
Q

A complaint filed by an employee who feels he or she was discriminated against in violation of the law.

A

Retaliation Claim

38
Q

An adverse employer job action based upon an employee’s lawful actions

A

Retaliation

39
Q

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.

A

Limited job action

40
Q

A desired action resulting from a successful lawsuit.

A

Remedies

41
Q

Monetary compensation for a plaintiff’s lost earnings.

A

Back Pay

42
Q

Monetary compensation necessary to replace a plaintiff’s losses.

A

Compensatory Damages

43
Q

Monetary damages designed to punish an employer who acted maliciously or recklessly.

A

Punitive Damages

44
Q

A remedy in which a former employee returns to his or her job.

A

Reinstatement

45
Q

Monetary compensation in lieu of reinstatement.

A

Front Pay

46
Q

A court order that prohibits a defendant from certain actions.

A

Injunctive Relief

47
Q

The right to make and enforce contracts, to sue, be parties, give evidence, and to the full and equal benefit of all laws

A

U.S.C. Section 1981

48
Q

How long does the application Title VII continue after a firm has reached a critical mass of 15 employees?

A

One year

49
Q

In 1972, Congress amended Title VII, by passing the _______________________ which give the EEOC authority to conduct its own enforcement litigation.

A

Equal Employment Opportunity Act

50
Q

Protect men and women who perform substantially equal work in the same establishment from sex-based wage discrimination

A

Main purpose of the Equal Pay Act of 1963

51
Q

Title I and Title V of the Americans with Disabilities Act of 1990 (ADA) and its 2008 Amendments (ADAAA) prohibit disability discrimination in the:

A

Private and public sectors

52
Q

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.

A

80

53
Q

Unlike disparate treatment based upon __________ characteristics, retaliation involves adverse job action based upon an employee’s lawful actions.

A

Class

54
Q

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.

A

At-will doctrine

55
Q

Money awards may take the form of back pay for up to ________, for the time an employee was not working,

A

2 years

Employment Law (12 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions