Topic 3 Flashcards
Which of the following is an important case addressing grooming and dress in gender discrimination?
Price Waterhouse v. Hopkins
Discrimination that results when an employer classifies employees on the basis of gender, plus another characteristic.
Gender Plus Discrimination
Passed in 1963, it requires nearly all employers to pay men and women equally for the same work.
Equal Pay Act (EPA)
The notion that men and women should receive equal pay when they perform work that requires comparable skills and responsibilities.
Comparable Worth Theory
Unlike Title VII, an EPA claim does not require a complaint to the ________ prior to bringing a lawsuit against an employer
EEOC
To make a claim of discrimination under the Equal Pay Act – the prima facie case – an employee must show that ____________ employees of the opposite gender are: 1) working in the same place; 2) doing equal work – sufficient commonality of tasks and responsibilities; and 3) receiving different and unequal pay.
Two
__________________________ refers to the law providing that the 180-day filing period begins to run on the date of any of three events: 1) the adoption of a discriminatory practice or decision; 2) the application of the discriminatory practice or decision to the employee; and, most significantly, 3) each time wages, benefits, or compensation is paid under the practice or decision.
Lily Ledbetter Fair Pay Act
The Lilly Ledbetter Fair Pay Act also expanded the list of persons aggrieved by the discriminatory pay practice or decision to include family members and children of deceased workers. (T/F)
True
Harassment directed at an employee because of his or her gender.
Sexual Harassment
An environment of animosity toward women.
Anti-female Animus
Title VII contains no language prohibiting “harassment” or “____________,” but courts have recognized the claim because harassment is equivalent to discrimination in its employment opportunity limiting effects.
Sexual Harassment
At its most basic level, sexual harassment is harassment directed at an employee because of his or her:
Gender
In a case where gender, but not sexual motive is involved, the harassment is more appropriately named
Gender Harassment
(Latin for “this for that”) The notion that an employer seeks sexual favors in exchange for some positive employment outcome for an employee.
Quid Pro Quo
An employment outcome arising out of sexual harassment.
Tangible Job Action
Conduct that is not solicited by an employee and that a reasonable person would regard as offensive.
Unwelcome Conduct
What is the seminal case for hostile environment sexual harassment?
Meritor Savings Bank, FSB v. Vinson
A managing employee who has power to take tangible employment actions against an employee.
Supervisor
Second step in a disciplinary process, which advises an employee that work behavior must change, lays out steps that have already been taken to advise the employee of the deficit, and describes steps that need to be taken to improve performance and remain employed.
First Written Warning
The Supreme Court has held that an employer is strictly liable for harassment by a supervisor if the harassing behavior culminates in a(n) ___________ employment action such as a termination or demotion.
Tangible
An employer may be held liable for the actions of others which result in the creation of:
Quid pro quo and hostile work environment sexual harassment
When a supervisor, within the scope of his or her employment, engages in sexual harassment:
The employer must answer for the bad behavior
Employers can defend themselves by proving that 1) the employer exercised reasonable care to prevent and correct the harassment – through training and policy enforcement; and 2) the plaintiff unreasonably failed to take advantage of the preventative or corrective opportunities that the employer provided. What is this tactic called?
Ellerth/Faragher affirmative defense
If the employer produces a legitimate business reason for the job action, under the _________________ formula, the burden shifts back to the employee to demonstrate that the employer’s proffered reason is pretextual.
McDonnell Douglas
Some argue that disparity requires remedy and that pay should be equal for employees doing different jobs, but which are of:
Comparable worth
The risks to employers from sexual harassment claims is great, as plaintiffs may claim up to _____________ in compensatory damages, ask for punitive damages, and request jury trials.
$300,000
