Topic 3: Gender Discrimination and Sexual Harassment Flashcards
What are the primary types of sexual harassment in employment?
The primary types of sexual harassment in employment include quid pro quo harassment and hostile work environment harassment.
How was gender included in Title VII of the Civil Rights Act of 1964?
Senator Howard W. Smith inserted “sex” into the legislation in an attempt to defeat it, but the Act passed with gender as a protected class.
What are the elements of a prima facie case for gender discrimination?
- The employee is in a protected class.
- The employee is qualified for the position.
- The employee suffers an adverse employment action.
- A person of the opposite gender received favorable treatment, or the employer continues to seek applicants.
What employment aspects does Title VII prohibit gender discrimination in?
Hiring, promotion, transfer, training, leave, pay, seniority, and benefits.
How does Title VII apply to pension plans?
Pension plans that treat women differently from men violate Title VII, even though women generally live longer than men.
What is the significance of Price Waterhouse v. Hopkins in gender discrimination?
The case established that employment decisions based on gender stereotypes, such as requiring a woman to dress or act in a certain way, violate Title VII.
How does Title VII apply to grooming and dress codes?
Gender-based grooming requirements are allowed if fair and reasonable, but they cannot promote unequal treatment or reinforce stereotypes.
What is an example of a court ruling on gender-based dress codes?
A federal court ruled that requiring female casino workers to wear makeup did not violate Title VII.
What is “gender plus” discrimination?
Discrimination that occurs when an employer treats an employee unfairly based on gender combined with another characteristic, such as parental status.
Notwithstanding the protections of Title VII, much progress remains to be made as women continue to trail men in:
The numbers voting on important legislation
Employment compensation and opportunity
The number graduating with masters degrees and doctorates
Job Stress
Employment compensation and opportunity
Title VII prohibits gender discrimination in all aspects of the employment process including:
Hiring
Promotion
Transfers
All of the above
All of the above
Title VII prohibits gender discrimination in all aspects of the employment process from hiring, promotion, transfer, training, leave, pay, seniority, and benefits.
Which of the following is an important case addressing grooming and dress in gender discrimination?
Griggs v. Burk Power
Green v. Super Plus inc
Price Waterhouse v. Hopkins
Anderson v. United Airlines
Price Waterhouse v. Hopkins
Price Waterhouse v. Hopkins involved a woman who dressed and acted in a non-sterotypical fashion.
A federal judge found that forcing female, but not male, employees working in a casino to wear makeup was:
Not a violation of NLRA
Not a violation of Title VII
A violation of NLRA
A violation of Title VII
Not a violation of Title VII
Why did the Civil rights act of 1964 add the word sex just before signing it into law?
Many people in congress did not want women to gain power
The general public already believed men and women are equal, so there was not much of a need to add sex to the act
There existed a strong anti-women animus among unions and supporters of the legislation who did not want women included in the protections offered by Title VII
Women protested against the idea of being seen as a protected class
There existed a strong anti-women animus among unions and supporters of the legislation who did not want women included in the protections offered by Title VII
Senator Howard W. Smith added “sex” to the list of protected classifications in hopes that the legislation would be defeated.
What is Gender Plus discrimination?
Gender Plus discrimination occurs when an employer treats employees differently based on gender plus another characteristic, such as family status, age, or marital status.
What is an example of Gender Plus discrimination?
An employer treating a woman differently because she is a mother of small children, based on the stereotype that she cannot devote as much time to work as others.
How can age be a factor in Gender Plus discrimination?
Hiring younger women over older women for positions like child care workers or receptionists, with age being the “plus” factor.
What does Title VII say about Gender Plus discrimination?
Title VII prohibits Gender Plus discrimination because it is a form of invidious stereotyping.
What are the elements of a prima facie case for Gender Plus discrimination based on family composition?
- The employee has small children.
- The employee is qualified for the job.
- The employee suffers an adverse employment action.
- Similarly situated workers of the same gender, without small children, are treated more favorably.
Once a prima facie case of Gender Plus discrimination is established, what happens next?
The burden shifts to the employer to provide a legitimate, non-discriminatory reason for the adverse employment action.
What must an employee do if the employer provides a legitimate business reason for the adverse action?
The employee must show that the employer’s reason is pretextual by demonstrating inconsistencies, implausibility’s, or contradictions.
What legal framework is used to analyze Gender Plus discrimination claims?
The McDonnell Douglas formula, which shifts the burden between the employee and employer to establish or refute discrimination claims.
How can an employee prove that an employer’s reason for an adverse job action is pretextual?
By showing weaknesses, implausibility’s, inconsistencies, or contradictions in the employer’s stated reasons that a reasonable fact-finder would find unconvincing.
What is gender plus discrimination?
When people make fun of overweight individuals of the opposite sex
When an employee is discriminated against based on grooming and clothing
When an employer classifies employees on the basis of gender, plus another characteristic
When a person is solely discriminated against based on gender
When an employer classifies employees on the basis of gender, plus another characteristic
When an employer classifies employees on the basis of gender, plus another characteristic. This characteristic usually has something to do with the employee’s family life or situation.
Which of the following is an example of gender plus discrimination?
An employer treats a member of their team differently because he/she is overweight
An employer treats an employee different because he is a a man
An employer treats an employee different because he/she has young children at home, assuming he/she will have less time to devote to work
An employer treats an employee differently because she is a woman
An employer treats an employee different because he/she has young children at home, assuming he/she will have less time to devote to work
The stereotype in this situation is that a mother or father of young children is unable to devote the same amount of time to work as men or women without children. While several of the options include examples of gender discrimination, discrimination based on a family circumstance qualifies as “gender plus” discrimination.
Gender plus discrimination may also involve age, as in hiring younger women over older women as child care workers or receptionists. In this case, age is the:
Main factor and gender is the plus
Only discriminating factor
Main point of discrimination
Plus factor
Plus factor
Gender plus discrimination always highlights gender as its main point of discrimination. The “plus factor” can be any other characteristic which follows, including age, family situation, etc.
Once the prima facie case of gender plus discrimination has been established, the burden of production shifts to the:
Courts
Employee
Co-workers of the employee
Employer
Employer
The plaintiff or employee has the first burden of establishing a prima facie case of gender plus discrimination. Logically, once the employee has established this case, the defendant or employer then has the burden of production to show a legitimate business reason for the job action.
Which of the following is not a way an employee claiming gender plus discrimination can discredit an employer’s pretext?
Weaknesses
Contradictions
Consistencies
Implausibilities
Consistencies
An employee can discredit an employer’s pretext by showing “weaknesses, implausibilities, inconsistencies, incoherencies, or contradictions.”
What is the Pregnancy Discrimination Act (PDA)?
The PDA is a 1978 amendment to Title VII that prohibits employment discrimination based on pregnancy, childbirth, or related medical conditions.
How must employers treat employees affected by pregnancy under the PDA?
Employers must treat pregnant employees the same as other employees with similar abilities or limitations.
What does the PDA say about returning to work after childbirth?
Employers cannot set a predetermined length of time for employees to return to work after childbirth and must hold their jobs for the same duration as other employees on sick or disability leave.
How must employers treat pregnancy-related absences in terms of benefits?
Employees on leave for pregnancy-related issues must be treated the same as others on leave for accrual of seniority, vacation time, pay increases, and other benefits.
What are the PDA requirements for health insurance coverage?
Health insurance must cover pregnancy-related conditions at the same cost and terms as other medical conditions, excluding elective abortions.
Does marital status affect pregnancy health coverage under the PDA?
No, pregnancy health coverage must be independent of marital status.
What protections does the PDA provide for workers opposing discrimination?
Workers are protected from retaliation for opposing discriminatory practices, filing a discrimination charge, testifying, or participating in investigations or proceedings under Title VII.
What is the purpose of the Pregnancy Discrimination Act?
To prevent pregnant individuals in the workplace from receiving special treatment
To prevent pregnant people from discriminating against other people
To prohibit employment discrimination on the basis of pregnancy, childbirth, or related medical conditions
To ensure that if a man has a pregnant spouse, he can receive the same treatment as though he himself was pregnant
To prohibit employment discrimination on the basis of pregnancy, childbirth, or related medical conditions
If an employee’s ability to perform the essential functions of a job is temporarily disrupted by pregnancy, employers must treat an employee:
The same as any other temporarily disabled worker
The same as they would treat any employee not fulfilling his/her duties
As if he/she is unable to perform any kind of job function
The same as they would any other female employee
The same as any other temporarily disabled worker
This treatment is meant to acknowledge and treat fairly both the limitations and abilities of someone whose job is disrupted by pregnancy.
Pregnancy health coverage must be __________ of marital status.
Dependent
Independent
Reliant
Given on the bases
Independent
Workers who are opposing discriminatory practices under the PDA, filing a discrimination charge, testifying, or participating in an investigation, proceeding, or litigation under Title VII:
Can be terminated if the charges are dropped by the court
May not be permitted to work with the employer anymore
May not be retaliated against for opposing discriminatory employer practices
May be retaliated against if the best interest of the business is in mind
May not be retaliated against for opposing discriminatory employer practices
The same as in all other cases of illegal discrimination, employees engaging in legally-protected activities under the PDA cannot be retaliated against.
Health insurance provided by the employer must include pregnancy-related conditions at the same cost as other medical conditions. What can be excluded?
Health insurance for adopted children
Elective abortions
Cancer check ups
Natural births
Elective abortions
What is the Equal Pay Act (EPA)?
The EPA, enacted in 1963, requires employers to pay men and women equally for the same work, covering wages, benefits, and perks.
What must an employee show to establish a prima facie case under the Equal Pay Act?
- They work in the same place as an opposite-gender employee.
- They perform equal work with common tasks and responsibilities.
- They receive different and unequal pay.
Do job titles matter in an EPA claim?
No, job titles are immaterial. The focus is on the equality of tasks and responsibilities.
Can small differences in job duties justify unequal pay under the EPA?
Small differences will not defeat a claim, but additional pay for extra responsibilities is permissible if both genders have equal access to those positions.
Does the EPA apply to pay differences based on productivity?
No, pay disparities are allowed if compensation is based on productivity, such as commission sales. However, if one gender is assigned better sales territories, a claim may be possible.
Once an employee establishes a prima facie case under the EPA, what happens next?
The burden shifts to the employer to justify the pay difference with a legitimate, non-gender-based rationale (e.g., education, skill, experience).
What are the four exceptions to the Equal Pay Act?
- A bona fide seniority system
- A merit system
- An incentive system
- Any factor other than gender
What is the Lilly Ledbetter Fair Pay Act (LLFPA) of 2009?
The LLFPA resets the 180-day filing deadline for pay discrimination claims with each discriminatory paycheck, ensuring ongoing wage discrimination can be challenged.
What are the three triggering events for the 180-day filing period under the LLFPA?
- Adoption of a discriminatory practice or decision
- Application of the discriminatory practice to the employee
- Each time wages, benefits, or compensation are paid under the practice
Who can file a claim under the LLFPA?
The law expanded the list of aggrieved persons to include family members and children of deceased workers.
What is the “comparable worth” argument in gender pay disparities?
Some argue that female-dominated professions (e.g., health care, child care) should be paid equally to male-dominated jobs of similar worth.
What is the federal court’s stance on the comparable worth theory?
Courts have rejected it because plaintiffs have not shown how market rates for whole professions result in employer-specific gender discrimination.
A year before the passage of Title VII, the Equal Pay Act (EPA) was enacted to require almost all employers to:
Pay people of different religions equally for the same work
Pay people of different color equally for the same work
Pay people of different races equally for the same work
Pay women and men equally for the same work
Pay women and men equally for the same work
Pay women and men equally for the same work. The EPA covers wages, perks, benefits, and the like.
Unlike Title VII, an EPA claim does not require a complaint to the ________ prior to bringing a lawsuit against an employer.
EEOC
PDA
NLRB
NLRA
EEOC
This is because the EEOC did not exist at the time the EPA was passed.
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.
One
Two
One or more
Three or more
Two
To make a claim of discrimination under the Equal Pay Act—the prima facie case—an employee must show that two 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.
__________________________ 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.
Civil Right Act
Equal Pay Act
Pregnancy Discrimination Act
Lilly Ledbetter Fair Pay Act
Lilly Ledbetter Fair Pay Act
Unfortunately, Lilly Ledbetter did not win her case, and the law was passed to remedy the situation for others.
True or False. 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.
True
The LLFPA was designed to make up for years of injustice.
Does Title VII explicitly prohibit harassment or sexual harassment?
No, but courts recognize sexual harassment as a form of discrimination because it limits employment opportunities.
What is the basic definition of sexual harassment?
Harassment directed at an employee because of their gender, regardless of sexual motive, behavior, or requests for favors.
What is the “but for” test in gender harassment?
If an employee would not have been harassed “but for” their gender, they may have a claim for sexual harassment.
What are examples of gender-based harassment?
A male nurse mocked for doing a “woman’s job.”
A female employee ridiculed for not being “tough enough” for a traditionally male role.
Can harassment be illegal even without sexual motive?
Yes, if it is based on gender and creates a hostile work environment.
What happens if harassment is based on personal animus rather than gender?
No sexual harassment claim is available. For example, a worker receiving poor performance reviews after a breakup with their boss.
What is gender harassment?
Harassment based on gender without sexual motive, such as enforcing sex stereotypes.
What are the two types of harassment that involve sexual motive?
- Quid pro quo sexual harassment
- Hostile environment sexual harassment
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.
Discrimination
Sexual harassment
Racism
Hazing
Sexual harassment
That fact that sexual harassment is included as part of Title VII’s protections is an example of court cases interpreting a federal statute, in this case an expansive reading of the word “sex.”
At its most basic level, sexual harassment is harassment directed at an employee because of his or her:
Affinity orientation
Gender
Likes and dislikes
Personality
Gender
Harassment may not just be the product of dislike, it must be directed because of gender or some other protected class.
A male nurse who is regularly berated by coworkers for doing a “woman’s job” or a female employee who is continually mocked for not being “tough enough” to handle a traditionally male job, like driving a truck or negotiating with a union, are examples of:
Harassment
Discrimination
Sexual harassment
Gender discrimination
Sexual harassment
An employee who is the victim of harassment for failing to conform to sex stereotypes may have a claim of sexual harassment.
In a case where gender, but not sexual motive is involved, the harassment is more appropriately named
Gender Discrimination
Sexual harassment
Gender harassment
Anti-female animus
Gender harassment
This question highlights the difference between gender harassment and sexual harassment.
True or False. When the harassment is gender-based, no sexual harassment claim is available.
False. A claim of harassment based upon sex is available.
What is quid pro quo sexual harassment?
A form of sexual harassment where a person in authority seeks sexual favors in exchange for a positive employment outcome.
What does “quid pro quo” mean in Latin?
“Something for something” or a “favor for a favor.”
What is a “tangible job action” in quid pro quo harassment?
An employment outcome, such as a raise, promotion, or demotion, directly tied to a request for sexual favors.
Does quid pro quo harassment require the harasser to have power over the employee?
Yes, the harasser must have actual or apparent authority to affect the employee’s job status.
Can quid pro quo harassment occur if a sexual advance is rejected?
Yes, if the rejection leads to a negative employment action or even an unexpected positive one designed to pressure compliance.
What types of job actions are not considered quid pro quo harassment?
A transfer with the same pay, benefits, duties, and opportunities.
Why is quid pro quo harassment easier to identify than hostile environment harassment?
Because it involves a direct, traceable employment action linked to sexual advances.
Sexual harassment where the harasser has the authority, or apparent authority, over the employee to change the employee’s employment status is known as ________ sexual harassment.
Premeditated
Hostile environment
Quid pro quo
Authoritarian
Quid pro quo
The key element here is that the harasser has not necessarily real, but possibly only apparent, authority.
What is Quid Pro Quo sexual harassment?
When a third party not involved with the organization is doing the harassing
Sexual harassment where the harasser has the authority, or apparent authority, over the employee to change the employee’s employment status
When a lower employee blackmails upper management with sexual harassment
Sexual harassment where the harasser has equal authority to the harassee
Sexual harassment where the harasser has the authority, or apparent authority, over the employee to change the employee’s employment status
What is the meaning of Quid Pro Quo?
Something for something
Whatever you prefer
At any cost
Always and forever
Something for something
The idea is “this for that” - an exchange of favors, whether agreed to or not.
The possible employment outcomes used as part of the exchange in sexual harassment are called:
Intangible job actions
Tangible job actions
Unequal employment actions
Post harassment actions
Tangible job actions
There must be the possibility of a real job consequence in play for quid pro quo to be found.
Which of the following is not a significant tangible job action to show harassment?
Demotion
Alteration in pay
Transfer to another job with the same pay, benefits, duties, and opportunity
Termination
Transfer to another job with the same pay, benefits, duties, and opportunity
The “tangible job action” must be meaningful. A transfer with the same duties and pay is usually not enough. However, if the transfer is to an undesirable location or appears punitive in a meaningful way, it may be enough to make a case.
What is hostile environment sexual harassment?
A form of harassment where the workplace is sexually charged with intimidating, hostile, or offensive behaviors that interfere with an employee’s work performance.
What was the seminal case for hostile environment sexual harassment?
Meritor Savings Bank, FSB v. Vinson (1986), where the U.S. Supreme Court ruled that Title VII prohibits harassment that creates a hostile work environment, even without financial injury.
What are the elements of a prima facie case for hostile work environment harassment?
- Unwelcome conduct towards the victim
- Conduct based on gender
- Severe or pervasive behavior creating an abusive work environment
- Negative effect on employment conditions
- Employer knew or should have known and failed to act
What qualifies as “unwelcome conduct” in a hostile work environment claim?
Conduct that is unsolicited, offensive, and severe or pervasive enough to change employment conditions. Examples include sexual banter, offensive touching, staring, or pornography.
Does hostile environment harassment require psychological distress?
No, the test is whether a reasonable person would find the conduct offensive under the totality of the circumstances.
Can same-gender harassment be considered sexual harassment under Title VII?
Yes, the respective genders of the harasser and victim are immaterial.
Can initially welcome behavior later become unwelcome?
Yes, conduct that was once welcome can later be deemed harassment if it becomes offensive or coercive.
Can a victim’s past sexual history be used as a defense against a harassment claim?
Some courts have ruled it immaterial, as seen in Meritor, where the victim had previously engaged in voluntary relations with her harasser.
In a hostile work environment sexual harassment claim, the affected employee alleges that he/she:
Has been asked to leave because he/she is being gender discriminatory
Has been asked to perform sexual favors in exchange for rank advancement
Has been put in an intimidating, hostile, or offensive working environment that unreasonably interferes with his/her work performance
Has been asked to perform sexual favors in exchange for increased pay
Has been put in an intimidating, hostile, or offensive working environment that unreasonably interferes with his/her work performance
What is the seminal case for hostile environment sexual harassment?
Price Waterhouse v. Hopkins
McDonnell Douglas
Jesperson v. Harrah’s Operating Co
Meritor Savings Bank, FSB v. Vinson
Meritor Savings Bank, FSB v. Vinson
Which of the following is not a claim in a prima facie case for a hostile work environment?
The employer does not know the actions are unwelcome
The conduct is sufficiently severe or pervasive to create an abusive working environment
The objectionable conduct is based upon gender
Unwelcome conduct towards the victim occurred
The employer does not know the actions are unwelcome
To be a claim in a prima facie case, the employer would have known or should have known of the unwelcome conduct and took insufficient action to address it.
Which of the following could be considered severe or pervasive enough to create a hostile work environment?
Excessive profanity
Offensive touching
Disseminating pornography
All of the above
All of the above
That conduct is varied and must be more than politically incorrect, rude, or boorish, but rather is severe and pervasive enough to change the conditions of employment. This may include excessive use of profanity, requests for sexual favors, disseminating pornography, unusual staring, stalking, or offensive touching.
If a claimant provoked or engaged in offensive behavior at work, courts have held that:
A. If the victim has provoked the bad conduct, he or she will be prevented from making a claim of sexual harassment
B. A victim’s sexual history or behavior is immaterial to a sexual harassment claim.
C. The severity of the violation is the only thing that can be a deciding factor
Both A and B
Both A and B
This is the principle of unclean hands. However, a plaintiff may have engaged in sexualized behavior and then stopped or asked others to stop. In such a case, a claim may exist.
A victim’s outside-of-work sexual behavior does not act as a forfeiture of freedom from hostile work environment sexual harassment.
Under what legal doctrine can an employer be held liable for sexual harassment?
Vicarious liability, meaning an employer can be held responsible for harassment by supervisors or employees in certain circumstances.
When is an employer strictly liable for a supervisor’s sexual harassment?
When the harassment results in a tangible employment action such as termination, demotion, or loss of benefits.
Can an employer avoid liability for supervisor harassment?
Yes, by proving the Ellerth/Faragher affirmative defense, which requires:
The employer took reasonable care to prevent and correct harassment.
The employee failed to take advantage of the corrective measures provided.
How did the Supreme Court define a “supervisor” in harassment cases?
A supervisor is an employee with the power to take tangible employment actions against the victim, such as hiring, firing, promotion decisions, or significant changes in responsibilities.
When can an employer be held liable for harassment by a non-supervisory coworker or third party?
If the employer knew or should have known about the harassment and failed to take action to prevent or stop it.
What damages can plaintiffs seek in sexual harassment claims?
Up to $300,000 in compensatory damages, punitive damages, and jury trials.
What additional legal consequences can arise from sexual harassment cases?
Claims may also lead to intentional torts (assault, battery, emotional distress) or criminal liability, especially in cases involving sexual assault.
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
Negative
Unreasonable
Actual
Tangible
An employer may be held liable for the actions of others which result in the creation of:
Employee disclosure forms that protect the employer from being sued
Quid pro quo and hostile work environment sexual harassment
Yellow dog contracts
Corporate lawyers to protect employers
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 employee and claimant must solve the problem outside of the employer’s intervention
The employee performing the sexual harassment is the only one accountable
The claimant employee is responsible for holding them accountable
The employer must answer for the bad behavior
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?
The unbreakable defense
Ellerth/Faragher affirmative defense
The Harris/Burns defense
The burden of proof defense
Ellerth/Faragher affirmative defense
How has the Supreme Court defined a supervisor?
The ability to exercise significant direction over another’s daily work
Any person the employee directly reports to
Anyone within a higher ranking position and receiving greater compensation
A managing employee who has power to take tangible employment actions against the victim
A managing employee who has power to take tangible employment actions against the victim
Before the final passage of the Civil Rights Act of 1964, Virginia Democrat, Senator Howard W. Smith, inserted into the language of the legislation defining the class of persons protected under the anti-discrimination provisions of Title VII the word:
National origin
Religion
Sex
Race
Sex
He did so in an attempt to defeat the legislation, as there existed a strong anti-women animus among unions and supporters of the legislation who did not want women included in the protections offered by Title VII.
Which of the following is not an element of a prima facie case for gender discrimination?
The employee is qualified for the position
A person of the same gender received favorable employment action or the employer continues to look for applicants for the position.
The employee is the protected class
The employee suffers some adverse employment action
A person of the same gender received favorable employment action or the employer continues to look for applicants for the position.
The full list of elements for a prima facie case include: 1) the employee is the protected class; 2) the employee is qualified for the position; 3) the employee suffers some adverse employment action; and 4) a person of opposite gender received favorable employment action or the employer continues to look for applicants for the position.
Title VII allows for gender to be the basis for differing employer-imposed grooming requirements for employees. What is the stipulation to this rule?
The application must be fair and reasonable
Must be signed off by two district judges
The application must be accepted by the entire company
The application must be enforced for five years prior and five years following
The application must be fair and reasonable
Grooming and dress are often issues in gender discrimination cases, as these factors may signal employment status and reinforce stereotyping. Title VII allows for gender to be the basis for differing employer-imposed grooming requirements for employees, but the application must be fair and reasonable. However, if dress or grooming standards are applied unequally or used to promote unequal treatment, they are discriminatory.
When an employer classifies employees on the basis of gender, plus another characteristic, this is known as:
Gender Plus discrimination
Pregnancy discrimination
Fetal protection discrimination
Gender discrimination
Gender Plus discrimination
Gender Plus discrimination (also called “sex plus” discrimination) exists when an employer classifies employees on the basis of gender, plus another characteristic, usually a family-related circumstance.
The prima facie case for gender plus discrimination based on family composition would not require the complaining workers to show which of the following?
They have small children
They suffer an adverse employment action
They are qualified for the job
Similarly situated workers of the same gender, without small children, are treated differently
Similarly situated workers of the same gender, without small children, are treated differently
Treating someone differently does not necessarily indicate gender plus harassment occurred. The issue is if that person without small children was treated more favorably than the person with small children; e.g., given the lead on a project, promoted, or hired.”
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.
Hopkins
McDonnell Douglas
Anderson Cooper
Price Waterhouse
McDonnell Douglas
The __________ prohibits employment discrimination on the basis of pregnancy, childbirth, or related medical conditions.
Anti-gender discrimination Act
Title VII
Pregnancy Discrimination Act
Civil Rights Act
Pregnancy Discrimination Act
In 1978, Congress enacted amendments to Title VII, known as the Pregnancy Discrimination Act (PDA). The PDA prohibits employment discrimination on the basis of pregnancy, childbirth, or related medical conditions.
Employees on leave for pregnancy-related issues must be treated the same as other workers on leave. Which of the following is not an example of this?
Accrual of seniority
Vacation time calculations
Promotions to management
Pay increases
Promotions to management
Employees on leave for pregnancy-related issues must be treated the same as other workers on leave for accrual of seniority, vacation time calculations, pay increases, and other benefits.
Employers may not use gender as the basis for pay considerations on jobs the performance of which require equal skill, effort, and responsibility, and which are performed under similar working conditions. What protects this?
EPA
CRA
GPD
PDA
EPA
EPA - Equal Pay Act
To make a claim of discrimination under the Equal Pay Act – the prima facie case – an employee must show that two employees of the opposite gender are:
Working in the same place
Doing equal work – sufficient commonality of tasks and responsibilities
Receiving different and unequal pay
All of the above
All of the above
To make a claim of discrimination under the Equal Pay Act – the prima facie case – an employee must show that two employees of the opposite gender are:
Working in the same place
Doing equal work – sufficient commonality of tasks and responsibilities
Receiving different and unequal pay
Some argue that disparity requires remedy and that pay should be equal for employees doing different jobs, but which are of:
Comparable demand
Incomparable worth
Incomparable demand
Comparable worth
Comparable worth
Federal courts have rejected the comparable worth theory, because plaintiffs have been unable to show how “market rates” for whole classes of professions resulted in specific gender-disparate impact discrimination from any given employer.
Which of the following is always involved in a case of sexual harassment?
Sexual behavior
Gender harassment
Request for sexual favor
Sexual motive
Gender harassment
Sexual harassment does not necessarily involve sexual motive, sexual behavior, or requests for sexual favors.
The term sexual harassment applies to:
Gender harassment
Both gender harassment and sexual harassment
Sexual harassment
Both sexual harassment and sexual discrimination
Both gender harassment and sexual harassment
At its most basic level, sexual harassment is harassment directed at an employee because of his or her gender. Therefore, sexual harassment does not necessarily involve sexual motive, sexual behavior, or requests for sexual favors. So, if an employer, or its agents, engages in anti-female or anti-male activity towards an employee such that it interferes with the employee’s ability to carry out the job, that employer may be guilty of sexual harassment.
While the facts of such cases are always subject to personal interpretation, is it often more clear when quid pro quo sexual harassment occurs because there is traceable __________ action.
Discrimination
Harassment
Illegal
Tangible Job
Tangible Job
Sexual harassment where the harasser has the authority, or apparent authority, over the employee to change the employee’s employment status is known as quid pro quo sexual harassment. Quid pro quo is the Latin term which indicates a trade of “something for something,” or a “favor for a favor.” The notion is that the “boss,” either explicitly or implicitly, seeks sexual favors in exchange for some positive employment outcome for the employee.
True or False. An aggressive sexual advance is made by a male boss to a female subordinate and rejected. Later the female employee receives a raise. There is no colorable claim of quid pro quo sexual harassment because the “victim” did not suffer a tangible job action.
False
If, after a rejected sexual advance, an employee receives an unanticipated favorable job outcome, like an unscheduled raise, a claim of quid pro quo sexual harassment may still lie under the theory that the raise is designed to induce the employee to accept the sexual advance or overlook an inappropriate advance.
Which of the following is considered an example of hostile working environment sexual harassment?
An intimidating, hostile, or offensive working environment that unreasonably interferes with an employee’s work performance
An environment with sensory overload (loud noise, extreme temperatures, etc)
When an employee is asked to perform sexual favors in exchange for increased pay
When an employee has been asked to leave because he/she is being gender discriminatory
An intimidating, hostile, or offensive working environment that unreasonably interferes with an employee’s work performance
An intimidating, hostile, or offensive working environment that unreasonably interferes with an employee’s work performance constitutes this kind of sexual harassment. Being asked to perform sexual favors in exchange for increase pay would be considered quid pro quo sexual harassment.
Unwelcome conduct is that which is not solicited by the employee and which a ________________ would regard as offensive or unwanted.
Harassment lawyer
Employer
Reasonable person
Human resources professional
Reasonable person
This is the most fair way possible to assess the gravity of the conduct, since lawyers, employers, and employees may all have contradictory assessments of how offensive a particular action may be,
What was the court’s ruling in the Meritor case regarding the claimant’s past sexual history?
If there is a voluntary sexual history, the claim cannot be brought before the court
If the victim has provoked the bad conduct, she will be prevented from making a claim of sexual harassment.
A victim’s sexual history or behavior is immaterial to a sexual harassment claim
If there is not a voluntary sexual history, the claim may be brought before the court if both parties will agree upon the details of the occurrence
A victim’s sexual history or behavior is immaterial to a sexual harassment claim
In Burlington Industries, Inc. v. Ellerth, 524 U.S. 742 (1998), and Faragher v. Boca Raton, 524 U.S. 775 (1998), the Supreme Court held that an employer may avoid liability for supervisor harassment by proving affirmatively that:
The employee’s claim did not seem urgent enough to warrant further investigation
The employer did not have the resources to solve the issue
The employer exercised reasonable care to prevent and correct the harassment – through training and policy enforcement
The employee in question is not favored among employees and was not taken seriously
The employer exercised reasonable care to prevent and correct the harassment – through training and policy enforcement
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.
This is often called the Ellerth/Faragher affirmative defense.”
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.
$50,000
$300,000
$500,000
$150,000
$300,000
The risks to employers from sexual harassment claims is great, as plaintiffs may claim up to $300, 000 in compensatory damages, ask for punitive damages, and request jury trials.
