Topic 2: Title VII of the Civil Rights Act of 1964 Flashcards
What is Title VII of the Civil Rights Act of 1964?
Title VII prohibits employers from discriminating against employees or applicants based on race, color, religion, sex, or national origin in terms of hiring, compensation, and employment conditions.
What was the significance of the Supreme Court’s ruling in Bostock v. Clayton County (2020)?
It expanded Title VII protections against sex discrimination to include sexual orientation and gender identity.
Who does Title VII apply to?
Employers with 15 or more employees, including federal, state, and local government employers, employment agencies, labor unions, independent contractors, and U.S. citizens employed abroad by U.S. firms.
Are there exceptions to Title VII’s non-discrimination requirements?
Yes, Title VII permits:
Businesses near American Indian/Native American reservations to prefer American Indians/Native Americans for jobs.
Religious organizations to conduct affairs consistent with their faith.
How does Title VII apply to undocumented workers and non-U.S. citizens employed in the U.S.?
Title VII protects them from employment discrimination.
What historical events led to the passage of Title VII?
The civil rights movement of the 1950s and 1960s, President Kennedy’s advocacy for equality, and President Johnson’s efforts to pass the Civil Rights Act in 1964 after Kennedy’s assassination.
How does Title VII define an unlawful employment practice?
Actions by an employer to hire, fire, or discriminate against an individual in any employment condition or opportunity based on race, color, religion, sex, or national origin.
What is the significance of Title VII regarding employers who drop below the 15-employee threshold?
Title VII still applies for a year after the employer initially meets the 15-employee minimum, even if the workforce decreases.
What role does the Equal Employment Opportunity Commission (EEOC) play under Title VII?
The EEOC enforces Title VII by investigating discrimination claims and ensuring compliance with anti-discrimination laws.
What are bona fide occupational qualifications (BFOQ)?
Specific job qualifications that allow employers to hire or exclude certain individuals when it is reasonably necessary for business operations (e.g., hiring based on religion for a religious role).
_____________ is/are 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?
Failure of enactment
New amendments and changes to the law made it difficult to make any real improvements
Because they only applied in the northern states, even though there was much need for them in the south
Lack of enforcement
Lack of enforcement
Niether of these laudable federal laws had meaningful enforcement authority.
On June 19, 1963, President John F. Kennedy sent comprehensive civil rights legislation to Congress, asking it to:
“Make changes that can appease minority groups and stop the equal rights revolution.”
“Make changes so that the majority of the general public would be happier.”
“Make a commitment it has not fully made in this century to the proposition that race has no place in American life or law.”
“Rewrite all legislation to include all minorities.”
“Make a commitment it has not fully made in this century to the proposition that race has no place in American life or law.”
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.”
5
10
20
15
15
At least 15 employees are required in order for TItle VII to apply.
Which of the following is not a specified protected class under Title VII?
Race
Color
Sex
Sexual affinity or orientation
Sexual affinity or orientation
Sexual identity or same-sex attraction is not included in Title VII’s protections.
True or False. Title VII does not prevent employers of businesses operated in proximity to Native American reservations from preferring Indigenous Americans over others for jobs.
True
Title VII does not prevent employers of businesses operated in proximity to Native American reservation from preferring Indigenous Americans over others for jobs, nor does it prevent religious organizations or associations from conducting their affairs.
What is the EEOC, and when was it established?
The Equal Employment Opportunity Commission (EEOC) is the federal agency created by the Civil Rights Act of 1964 to enforce federal anti-discrimination statutes and oversee equal opportunity standards in employment.
What was the EEOC’s original role?
Initially, the EEOC could only investigate discrimination claims and refer meritorious cases to the Department of Justice for litigation.
How did the EEOC gain enforcement authority?
In 1972, the Equal Employment Opportunity Act amended Title VII, granting the EEOC authority to conduct its own enforcement litigation.
Which federal laws does the EEOC enforce besides Title VII?
The EEOC enforces:
Equal Pay Act of 1963 (EPA): Protects against sex-based wage discrimination.
Age Discrimination in Employment Act of 1967 (ADEA): Protects individuals aged 40 and older.
Americans with Disabilities Act of 1990 (ADA) and ADAAA (2008): Prohibits disability discrimination.
Rehabilitation Act of 1973 (Sections 501 and 505): Protects federal employees with disabilities.
Civil Rights Act of 1991: Allows compensatory and punitive damages for Title VII violations.
Uniformed Services Employment and Re-employment Rights Act (USERRA): Protects military personnel from employment discrimination.
What is required before an individual can sue an employer under Title VII?
The individual must first exhaust administrative remedies by filing a charge of discrimination with the EEOC.
What theories of employment discrimination have been developed by the EEOC and courts under Title VII?
Theories include:
Disparate treatment (intentional discrimination).
Disparate impact (policies that adversely affect protected groups).
Retaliation (punishment for engaging in protected activities).
What happens if the EEOC finds a valid discrimination claim?
The EEOC may bring a civil suit against the employer or, in most cases, the employee may independently file a lawsuit after completing the EEOC process.
What significant role did the EEOC play before gaining enforcement authority?
The EEOC was influential in documenting employment discrimination and developing interpretations of discrimination laws, even without direct enforcement powers.
What is the Equal Pay Act of 1963 (EPA)?
The EPA protects men and women performing substantially equal work in the same establishment from sex-based wage discrimination.
What is the Americans with Disabilities Act Amendments Act (ADAAA) of 2008?
The ADAAA expanded the protections of the ADA by broadening the definition of disability, ensuring more individuals are covered under the law.
What is the Uniformed Services Employment and Re-employment Rights Act (USERRA)?
USERRA protects military personnel from employment discrimination and ensures their rights to be re-employed after returning from active duty.
Why must employees exhaust administrative remedies before suing under Title VII?
Filing a charge of discrimination with the EEOC allows the agency to investigate and attempt resolution, ensuring that litigation is a last resort.
Which federal agency was created by the Civil Rights Act of 1964 and tasked to enforce federal anti-discrimination statutes.
OSHA
EEOC
NLRA
NLRB
EEOC
The Equal Employment Opportunity Commission (EEOC). The National Labor Relations Board (NLRB) handles labor issues, the OSHA (Occupational Safety and Health Administration) regulates workplace safety, and the NLRA is short for the National Labor Relations Act, which created the NLRB.
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
Department of Equality
Department of Labor
National Labor Relations Board
Department of Justice
The Department of Justice pursued litigation for discrimination claims until 1972.
The EEOC has influenced the judicial interpretation of civil rights legislation by helping to define what consitutes __________.
Discrimination
Equality
Racism
Prejudice
Discrimination
The EEOC’s interpretations of what constitutes an unlawful discriminatory practice is given great consideration by judges considering cases of employment bias.
The Age Discrimination in Employment Act of 1967 protects individuals who are over what age?
40
50
45
55
40
40 years of age or older
Before an employee or job candidate can take a complaint of job discrimination under Title VII to court, he/she must first:
Repeatedly attempt to inform the employer of the issue
File with the EEOC
Inform the employer only once
File with the NLRB
File with the EEOC
An individual is required to exhaust his or her administrative remedies prior to suing the employer in court. In other words, the complainant must first file a charge of discrimination with the EEOC before he or she may seek judicial remedy.
What is disparate treatment discrimination under Title VII?
It is the intentional adverse or unequal treatment of an individual based on a protected class characteristic, focusing on discriminatory intent.
How can direct evidence prove discriminatory motive in disparate treatment cases?
Direct evidence includes oral or written statements indicating bias, such as “We’re looking to create a younger team,” made in close time proximity to an adverse job action.
What is comparative evidence in proving disparate treatment?
Comparative evidence shows unequal treatment of similarly situated employees based on a class characteristic, such as firing two White employees for theft while retaining a Black employee under similar circumstances.
What is a Bona Fide Occupational Qualification (BFOQ)?
A BFOQ is a class characteristic deemed “reasonably necessary” for the operation of a business, such as hiring male attendants for men’s locker rooms or female wait staff for branding purposes at Hooters.
What is pattern and practice discrimination?
It occurs when an employer’s policies segregate or assign employees based on class characteristics without legitimate business necessity, such as concentrating minorities or women in low-paying jobs while reserving high-paying positions for White employees.
What is disparate treatment under Title VII?
Unequal treatment of employees based on employee performance
Accidentally making a person feel uncomfortable because of his/her race, color, religion, sex or national origin.
The unintentional adverse or unequal treatment of an individual based upon a protected class characteristic.
The intentional adverse or unequal treatment of an individual based upon a protected class characteristic.
The intentional adverse or unequal treatment of an individual based upon a protected class characteristic.
The intentional adverse or unequal treatment of an individual based upon a protected class characteristic is classified as disparate treatment, as noted in the first paragraph of the text.
Disparate treatment may be established by _____________ of discriminatory motive.
Hearsay
Personal testimony of disparate treatment
Direct evidence
Indirect evidence
Direct evidence
Direct evidence is usually express statements indicating a discriminatory intent. For example, if a boss says to others, “Why is a woman doing a man’s job?” this is direct evidence of sex discrimination.
Three employees were caught stealing. The two white employees are fired, but the black employee is not. Being fired for stealing is a perfectly acceptable business practice. Under what disparate treatment discrimination analysis might the white employees show discrimination?
Comparative evidence
Direct evidence
Bona fide occupational qualification
Indirect evidence
Comparative evidence
From the text, “Discrimination may also be shown by comparative evidence, where two employees were similarly situated but were treated differently merely because of a class characteristic.”
What is a bona fide occupational qualification?
A knowledge or skill that is required by the job description
Having a direct job referral with reasoning as to why the employee would be the best fit for the given position
Discrimination is allowed based on employer preferences
The subject class characteristic is reasonably necessary to the normal operation of that particular business or enterprise.
The subject class characteristic is reasonably necessary to the normal operation of that particular business or enterprise.
From the text, the subject class characteristic is “reasonably necessary to the normal operation of that particular business or enterprise.”
What is disparate impact discrimination under Title VII?
It occurs when an employer’s policies, procedures, or practices, though not intentionally discriminatory, are not job-related or consistent with business necessity and create obstacles for a specific protected class.
How does disparate impact discrimination differ from disparate treatment discrimination?
Disparate treatment is intentional discrimination directed at an individual, while disparate impact involves unintentional discrimination affecting a class of persons.
What case established the concept of disparate impact discrimination?
Griggs v. Duke Power (1971), where the U.S. Supreme Court ruled that job requirements not meaningfully connected to job performance disproportionately affected Black/African American workers.
What specific practices were challenged in Griggs v. Duke Power?
Duke Power required employees to have a high school diploma or pass standardized intelligence tests, which disproportionately disadvantaged Black/African American workers without proving these requirements were job-related.
How did the Civil Rights Act of 1991 impact the concept of disparate impact?
It codified the principles from Griggs v. Duke Power, ensuring employers bear the burden of proving that their screening devices are relevant to job performance.
In Title VII disparate impact discrimination claims, the plaintiff charges that:
The employer intentionally discriminated against the employee
The employer has clearly defined racial motives for discrimination
The employer’s procedures, policies, or practices are “not job-related and consistent with a business necessity” and have the effect of creating an unnecessary obstacle to employment opportunity for a specific protected class.
The employer treats him/her equally to other employees, but does not make him/her feel comfortable in the working environment
The employer’s procedures, policies, or practices are “not job-related and consistent with a business necessity” and have the effect of creating an unnecessary obstacle to employment opportunity for a specific protected class.
______________ discrimination is directed at an individual, _____________ discrimination is directed at a class of persons.
Adverse impact : disparate impact
Adverse treatment : disparate treatment
Disparate impact : disparate treatment
Disparate treatment : disparate impact
Disparate treatment : disparate impact
Disparate impact discrimination involves the effect of discrimination on a whole class of persons, while disparate treatment discrimination is targeted specifically at one person.
What was the ruling in the Griggs v. Duke Power?
Duke Power’s standard intelligence test had disparate impact on black employees
Duke Power’s standard intelligence test had disparate treatment of black applicants’ ability to obtain jobs
Griggs was found to be an employee that acted in a discriminatory manner while at work. The employer (Duke Power) was not responsible for his actions
There was no case because the test was given to all people
Duke Power’s standard intelligence test had disparate impact on black employees
Congress passed the ________________ to codify the concept of disparate impact discrimination as articulated in Griggs v. Duke Power.
Equal opportunity employment Act
Equal pay act of 1963
Civil Rights Act of 1991
Civil rights act of 1971
Civil Rights Act of 1991
Griggs v. Duke Power was the seminal case for establishing
Intentional racism
Disparate treatment
Disparate impact
Adverse treatment
Disparate impact
What must a plaintiff establish in a prima facie case of disparate impact discrimination under Title VII?
The plaintiff must show:
An apparently neutral employer policy or practice that limits employment opportunities for a protected class.
A substantial difference in the policy’s impact on that class.
What are examples of neutral policies that may lead to disparate impact discrimination?
Height and weight restrictions (gender/national origin).
Language requirements (national origin).
Physical strength tests (gender).
Educational requirements (race).
Dress codes (gender/religion).
No-beard policies (gender/race/national origin/religion).
What must an employer demonstrate to defend against a disparate impact claim?
The employer must prove that the policy is job-related and consistent with a business necessity.
How can a plaintiff challenge a policy after an employer proves it is job-related?
The plaintiff must show there is a less-discriminatory alternative to achieve the same business purpose. For example, using tools like a dolly instead of requiring employees to lift heavy packages.
What is the four-fifths rule established by the EEOC?
A hiring criterion is deemed discriminatory if the selection rate for a protected class is less than 80% (four-fifths) of the majority group’s rate.
Can the four-fifths rule alone determine disparate impact discrimination?
No, courts allow it as one factor in evaluating discrimination claims but do not treat it as conclusive.
What can courts reject in claims or defenses involving the four-fifths rule?
Courts will reject attempts to manipulate numbers or use artificial methods to meet the rule.
In a disparate impact claim under Title VII, the plaintiff must establish the following prima facie elements:
A. An apparently neutral employer’s procedure, policy, or practice, which has the effect of limiting employment opportunities for a particular class
B. The difference in impact is substantial
C. The impact is intended to affect a specific group
D. Both A and B
Both A and B
In a disparate impact claim under Title VII, the plaintiff must establish the following prima facie elements: an apparently neutral employer’s procedure, policy, or practice, which has the effect of limiting employment opportunities for a particular class; and that the difference in impact is substantial.
Which of the following is not an example of a neutral policy and protected class(es) which may be impacted by the policy?
Drug testing – national origin
No beard policies - gender/race/national origin/religion
Physical strength tests - gender
Educational requirements - race; dress codes - gender/religion
Drug testing – national origin
Drug testing – national origin: There is no logical connection between a person’s national origin and his/her likelihood of using/abusing drugs.
The EEOC has established a guideline for determining whether a statistical disparity has a disparate impact upon a particular protected class or classes known as:
The discrimination calculation
The disparity rule
The one-third rule
The four-fifths rule
The four-fifths rule
The selection rate of a protected class should be at least 80 percent of the majority.
What is a screening device?
A tool used to terminate ineffective current employees
A test or set of hiring criteria
A tool used to assist new employees
All of the above
A test or set of hiring criteria
A potential employer may use a screening device - a test or set of hiring criteria - to “screen out” or determine which employment candidates to hire.
Once the plaintiff has established the prima facie case, the burden shifts to the employer to show that a neutral policy is job-related and consistent with:
employer preference
internal mission statement
a BFOQ
business necessity
business necessity
Business necessity. An employer’s preference and the entity’s internal mission statement have no substance in defending a neutral policy. A BFOQ is one specific qualification that a candidate needs to properly meet a job’s requirements.
What is “pretextual discrimination” under Title VII?
Pretextual discrimination occurs when an employer provides a legitimate reason for an adverse employment action, but the reason is a cover-up for discrimination.
What foundational case established the concept of pretextual discrimination?
McDonnell Douglas Corp. v. Green established the concept of pretextual discrimination.
What are the prima facie elements a plaintiff must prove in a pretext discrimination case?
Membership in a protected class.
Application for a job.
Availability of the job.
Qualification for the position.
Denial of the position.
The employer continued looking to fill the position.
What happens once the plaintiff establishes a prima facie case of pretext?
The burden shifts to the employer to provide a lawful motive for the adverse employment action.
How can a plaintiff rebut an employer’s justification for an adverse action?
By showing:
The stated reason is not true.
The stated reason is true but not a motivating factor.
The reason was a factor, but insufficient to justify the action.
What is an example of rebutting an employer’s stated reason for not hiring?
If the employer claims poor interview skills, the plaintiff could show:
No interview occurred.
The plaintiff interviewed well.
Others with poor interview skills were hired.
The interviewer did not actually consider the interview in their decision.
What did the U.S. Supreme Court decide in McDonnell Douglas Corp. v. Green?
The Court remanded the case to the lower court to apply the prima facie standards it established for pretext cases.
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.
Coincidence
Mistake
Pretext
Accident
Pretext
An employer may offer a facially legitimate reason why a person, or class of persons, was the subject of a negative employment action. The burden then shifts to the plaintiff to show that this “reason” is merely a pretext for real discrimination.
_______________is the foundational case that establishes the notion of pretextual discrimination.
McDonnell Douglas, Corp. v. Green
Griggs v. Duke Power
Green v. Duke Power
McDonnell Douglas v. Griggs
McDonnell Douglas, Corp. v. Green
This case involved Mr. Green’s activist activities against the defense contractor.
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.
Nondiscriminatory
Discriminatory
Disparate
Racially charged
Nondiscriminatory
The nondiscriminatory reasons must be removed from the hiring decision in order to prove discrimination has occurred.
When plaintiffs allege adverse impact discrimination, they must show:
They are a member of a particular protected class
They applied for the job
The job was available
All of the above
All of the above
In that analysis the complaining party must show: 1) he or she is a member of a particular protected class; 2) he or she applied for the job; 3) the job was available; 4) he or she was qualified for the position; 5) he or she was denied the position; and 6) the employer kept looking to fill the position.
In an adverse impact claim where the employer offers a legitimate reason for the adverse employment action and the burden shifts back to the plaintiff, which of the following does not support the plaintiff’s case?
The reason is important to the business but not the specific employee
The reason was a factor, but not sufficient to justify the job action
The stated reason is true, but was not a “motivating factor”
The stated reason is not true
The reason is important to the business but not the specific employee
From the text, “then the burden shifts back to the claimant to rebut the employer’s justification, by showing: 1) the stated reason is not true; 2) the stated reason is true, but was not a “motivating factor”; or 3) the reason was a factor, but not sufficient to justify the job action.”
What does Title VII protect employees from in the workplace?
Title VII protects employees from retaliation for exercising their rights under its provisions, such as filing a discrimination claim.
How is retaliation different from disparate treatment discrimination?
Retaliation involves adverse job actions based on an employee’s lawful actions (e.g., filing a claim), not based on class characteristics.
What are the elements of a prima facie case for a retaliation claim?
The employee engages in a protected activity.
The employee suffers an adverse employment action.
A causal link exists between the protected activity and the adverse action.
What are some examples of retaliation in the workplace?
Retaliation may include demotion, firing, negative evaluations, undesirable assignments, salary reduction, excessive supervision, or allowing a hostile work environment to develop.
How might retaliation differ for public versus private employees?
Public employees are protected from retaliation for exercising constitutional rights (e.g., free speech). Private employees may rely on public policy exceptions to the at-will employment doctrine.
Why must employers be cautious when addressing issues arising from Title VII claims?
Actions intended to resolve issues, such as reassigning shifts, could unintentionally be interpreted as retaliation, even without discriminatory intent.
Can employers take legitimate actions against employees who have exercised their rights under Title VII?
Yes, employers can take legitimate job actions (e.g., discipline or termination for poor performance) if supported by valid reasons and documented warnings.
Can a retaliation claim succeed if the original discrimination claim is unsuccessful?
Yes, an employee can sustain a retaliation claim even if the original discrimination claim fails, provided the adverse job action is severe enough.
How might giving an employee a more favorable assignment be interpreted under Title VII?
Even a favorable assignment might be viewed as retaliation if it changes the employee’s job conditions against their preference.
What must employers do when taking action against employees who file Title VII claims?
Employers must ensure that decisions are based on valid, documented reasons unrelated to the employee’s protected activity.
What is the term which describes an adverse employer job action based upon an employee’s lawful actions?
disparate treatment
retaliation
adverse impact
pretext
retaliation
When an employee exercises a legal right, it is unlawful for an employer to retaliate by taking negative action against the employee.
True or False. An employee can be subject to any negative job action for making a frivolous claim of disparate treatment discrimination under Title VII.
False
Ironically, claimants may not have a sufficient case to make a showing that discrimination occurred, but might be able to sustain a retaliation claim for raising the discrimination challenge in the first place, if the negative job action is severe enough.
Which of the following is not a prima facie case for retaliation?
The employee engages in a protected activity
The employee suffers some adverse employment action
There is a nexus – causal link – between the adverse employment action and the employee’s protected activity.
The employee does not suffer from an adverse employment action
The employee does not suffer from an adverse employment action
The prima facie case for a retaliation claim is: 1) the employee engages in a protected activity; 2) the employee suffers some adverse employment action; and 3) there is a nexus – causal link – between the adverse employment action and the employee’s protected activity.
Which of the following is not a form of retaliation?
Limited supervision
Salary reduction
Negative evaluation
Demotion
Limited supervision
Retaliation may take many forms. It could include demotion, discipline, firing, salary reduction, negative evaluation, excessive supervision, undesirable assignments or transfers, or a change in shift assignment.
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.
legitimate job action
adverse treatment
adverse impact
legal action
legitimate job action
This is a complicated area for an employer who may be anxious about disciplining an employee who has made a claim of discrimination because any disciplinary action may be perceived as retaliation. Nevertheless, if a sound reason exists, and negative job action is consistent with how other cases are handled, an employer may discipline an underperforming employee.
What remedies are available in discrimination cases under Title VII?
Remedies can include monetary damages (back pay, compensatory damages, punitive damages) and equitable relief (reinstatement, front pay, retroactive seniority, injunctive relief).
What is back pay in discrimination cases?
Back pay refers to the monetary award for lost earnings, covering the time the employee was not working, up to two years.
What are compensatory damages?
Compensatory damages are a monetary amount meant to replace what the claimant lost, including money, pain, and other non-monetary losses.
When are punitive damages available in discrimination cases?
Punitive damages are available when the plaintiff shows that the employer acted with malicious or reckless indifference to a person’s federally-protected employment rights.
Why are punitive damages rarely available in discrimination cases?
Punitive damages are rare because the plaintiff must prove the employer acted with malicious or reckless indifference to the claimant’s employment rights.
Are punitive damages available in disparate impact claims?
No, punitive damages are not available in disparate impact claims because intent is not a necessary element of the claim.
What is the purpose of the Civil Rights Act of 1991 in discrimination cases?
The Civil Rights Act of 1991 amended Title VII to include compensatory and punitive damages, but it placed caps on the amounts available.
What is reinstatement as an equitable remedy?
Reinstatement is the remedy where an employee is restored to their previous job position.
What is front pay in discrimination cases?
Front pay is money awarded in lieu of reinstatement when a productive and amicable working relationship with the employer is deemed impossible due to extreme hostility.
What is retroactive seniority as an equitable remedy?
Retroactive seniority restores the claimant’s seniority as if they had never been discriminated against, as part of an equitable remedy.
What is injunctive relief in discrimination cases?
Injunctive relief is an order requiring the employer to refrain from certain discriminatory actions.
Why are punitive damages difficult to obtain in disparate treatment cases?
Because the plaintiff must show that the employer acted with malicious or reckless indifference to the employee’s federally-protected rights.
Why are punitive damages unavailable in disparate impact claims?
Punitive damages are unavailable in disparate impact claims because motive or intent is not relevant in those cases.
What is the legal term which describes the relief a person may obtain when he/she is successful in establishing a discrimination claim under Title VII ?
Compensation for time lost
Remedy
Significant amount of money
A formal apology
Remedy
The term remedy applies to any relief a plaintiff may obtain. Sometimes that relief is in money and sometimes it is something else, like reinstatement, etc.
Compensatory damages are a monetary amount necessary to replace what the claimant lost. Which of the following is not included?
Money
Non-monetary losses
Pain
Ego
Ego
Compensatory damages is a monetary amount necessary to replace what the claimant lost, including money, pain, and other non-monetary losses.
What is front pay?
An award of money in lieu of reinstatement
Getting paid before one has completed a job–most common with independent contractors
Getting paid in full without taxes being taken out
Getting the majority of your salary paid at the first of the year
An award of money in lieu of reinstatement
An equitable remedy could include a retroactive reinstatement of seniority, or an order requiring a firm to refrain from certain actions. This is known as:
Punitive damages
Reinstatement
Injunctive relief
Compensatory damages
Injunctive relief
Injunctive relief is defined as “a court order that prohibits a defendant from certain actions.”
True or False. The Civil Rights Act of 1991 amended Title VII to include compensatory and punitive damages, but placed a cap on damage amounts.
True
The punitive damages were included to punish employers who engaged in patently discriminatory practices.
What did the U.S.C. Section 1981 provide to all citizens, including those of African descent?
The right to have segregation between people of different racial backgrounds
The banishment of all segregation for the purpose of creating equality among all people
The right to make and enforce contracts, to sue, be parties, give evidence, and to the full and equal benefit of all laws
The abolishment of slavery
The right to make and enforce contracts, to sue, be parties, give evidence, and to the full and equal benefit of all laws
Section 1981 states that all persons within the jurisdiction of the United States shall have the same right … to make and enforce contracts, to sue, be parties, give evidence, and to the full and equal benefit of all laws and proceedings for the security of persons and property as is enjoyed by white citizens.
How long does the application Title VII continue after a firm has reached a critical mass of 15 employees?
One year
Five years
Title VII application will only continue if the firm has more than fifteen employees
Two years
One year
The application of Title VII continues for a year after a firm reaches the critical mass of 15 employers, even if the number of employees in the next year falls below the minimum
In 1972, Congress amended Title VII, by passing the _______________________ which give the EEOC authority to conduct its own enforcement litigation.
Anti-Segregation Act
National Labor Relations Act
Anti-Trust Act
Equal Employment Opportunity Act
Equal Employment Opportunity Act
The Equal Employment Opportunity Act gave this authority. Before this time, the Deparment of Justice conducted litigation.
What is the main purpose of the Equal Pay Act of 1963?
Protect children being forced to perform labor under minimum wage
Protect people of different racial backgrounds from being discriminated against
Protect men and women who perform substantially equal work in the same establishment from sex-based wage discrimination
Protect qualified individuals with disabilities who work in the federal government
Protect men and women who perform substantially equal work in the same establishment from sex-based wage discrimination
This act was specifically meant to protect men and women who perform substantially equal work in the same establishment from sex-based wage discrimination.
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 sector
Public sector
Private sector and state and local government employers
Public sector and federal government employers
Private sector and state and local government employers
The effect of the ADA was to standardize and nationalize employment protections for the qualified disabled employee in the private sector as well as state and local government employers, employment agencies, labor organizations, and labor-management committees.
An employer’s decision to take some adverse action against an applicant or employee based upon knowledge and consideration of a protected class characteristic which has little or nothing to do with whether a person can perform the essential functions of a job is known as __________.
Racism
Retaliation
Disparate impact
Discriminatory intent
Discriminatory intent
The focus on disparate treatment cases is discriminatory intent. In other words, the employer’s decision to take some adverse action against an applicant or employee is based upon knowledge and consideration of a protected class characteristic which has little or nothing to do with whether a person can perform the essential functions of a job.
An employer may claim that 50 percent of employees are non-white minorities or women. However, if the minority employees or women are concentrated in low paying positions, and all the white employees hold high paying managerial positions, this would be best described as:
Practice intent
Disparate treatment
Discriminatory intent
Pattern and practice discrimination
Pattern and practice discrimination
Pattern and practice discrimination is characterized by the types of imbalances and discrimination exemplified in this situation.
Which of the following is not an unlawful practice under Title VII:
Adversely affecting the status of an employee based on race, religion, sex, or national origin
Changing time schedules for individuals because of religious conflict
Limiting, segregating, or classifying employees based on race
Refusing to hire or discharge an individual based on race, color, religion, sex or national origin
Changing time schedules for individuals because of religious conflict
Changing time schedules for individuals because of religious conflict would be a fair accomodation of the individuals’ needs rather than a form of discrimination.
The seminal case establishing the concept of disparate impact is:
Griggs v. Duke Power
Duke Power v. Anderson
Anderson v. Biggs Financial
Blouwer v. Power Corp
Griggs v. Duke Power
The seminal case establishing the concept of disparate impact is Griggs v. Duke Power, 401 U.S. 424 (1971).
When an employer’s facially neutral procedures, policies, or practices are “not job-related and consistent with a business necessity” and have the effect of creating an unnecessary obstacle to employment opportunity for a specific protected class, they are said to have __________________.
Intentional racism
Disparate impact
Adverse treatment
Disparate treatment
Disparate impact
Disparate impact affects a particular class, while disparate treatment targets an individual.
Examples of facially neutral polices and protected classes that may be impacted might include:
Height and weight restrictions - gender/national origin
Language requirements - national origin
Physical strength tests – gender
All of the Above
All of the Above
Height and weight restrictions - gender/national origin
Language requirements - national origin
Physical strength tests - gender
Educational requirements - race
Dress codes - gender/religion
No beard policies - gender/race/national origin/religion
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.
100
10
80
50
80
The EEOC has established a way to measure unlawful disparate impact for the employee testing component of a hiring process. It is known as the four-fifths rule. Under this statistical test, any hiring criteria may be deemed discriminatory if the selection rate of a protected class is less than 80 percent of the majority.
Which of the following is not something a complaining party must show in a case of pretext?
The complaining party was qualified for the position
The complaining party was denied the position
The complaining party was previously employed by the employer in question
The employer kept looking to fill the position
The complaining party must show: 1) he or she is a member of a particular protected class; 2) he or she applied for the job; 3) the job was available; 4) he or she was qualified for the position; 5) he or she was denied the position; and 6) the employer kept looking to fill the position.
True or False. In the McDonnell Douglas, Corp. v. Green case, the U.S. Supreme court remanded the matter to the lower court to conduct a hearing under the prima facie standards it established.
True
Unlike disparate treatment based upon __________ characteristics, retaliation involves adverse job action based upon an employee’s lawful actions.
Class
Industry
Personal
Job
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.
Equal Employment Opportunity Commission
Title VII
National Labor Relations Act
At-will doctrine
At-will doctrine
In the private employer arena, an employee would have to look to public policy exceptions and to the at will doctrine to determine if a case for retaliatory discharge is available when an employee is terminated for engaging in speech the employer does not sanction.
True or False. Favorable actions to an employee cannot be seen as retaliation.
False: if an employee is given a more favorable assignment, this may also be viewed as retaliation.
Remedies can include:
A. Money
B. A desired action
C. An unmerited promotion
D. Both A and B
Both A and B
Remedies can include damages – money – or equitable relief – some desired action.
Money awards may take the form of back pay for up to ________, for the time an employee was not working,
Eighteen months
Two years
Six months
One year
Two years
From the text, two years’ back pay is the maximum amount that may be awarded.
Monetary damages designed to punish an employer are known as __________.
Remedies
Punitive damages
Back pay
Compensatory damages
Punitive damages
Punitive damages are rarely available, as the plaintiff must show the employer acted with malicious or reckless indifference to a person’s federally-protected employment rights.
