Topic 6 Flashcards
Protects all races from discrimination.
Title VII of the Civil Rights Act of 1964
A type of race discrimination in which an employer obviously excludes an applicant from a job opportunity on the basis of race.
Racial Animus
A type of race discrimination in which an employer makes job assignments to employees based on race.
Steering Assignment
An unacceptable pretext of discrimination in which an employer uses race as the basis for a business decision in order to please customers.
Customer Discriminatory Preference
When addressing cases of race-based harassment, the EEOC looks at the
Totality of the circumstances
Generally, however, _________________ claims develop over time.
Hostile work environment
In a disparate treatment case, it is an employer’s belief about someone’s nation of origin – ________________________ – which is the focus of whether or not discrimination has occurred.
Manifested by adverse action
Employers are required to accommodate religious diversity, but have no corresponding duty under Title VII to accommodate cultural or nation of origin work conflicts. (T/F)
True
Harassment that includes offensive comments about an employee’s national origin.
National Origin Discrimination Harassment
A rule established by an employer that only allows English to be spoken in the workplace; Title VII allows for this rule under certain circumstances where there is no discriminatory purpose or effect.
English-only
Language is very closely related to employee or job applicant national origin affinity and, therefore, employers must pay special attention to avoid ________ discrimination and establishing unnecessarily strict English fluency or English-only rules in the workplace.
Accent
The amount of complaints the EEOC receives from persons claiming employment discrimination based on so-called “English-only” rules is:
Increasing
The unequal treatment of resident aliens versus U.S. citizens is:
Unlawful
Requesting specific documents from aliens to establish work eligibility, but allowing U.S. citizens to choose which documents will support the right to work is:
Discriminatory
Most federal civil service positions require ____________ for public policy reasons.
U.S. Citizenship
The Supreme Court established the _____________ doctrine, which holds that Title VII is not violated when citizenship is a requirement for non-elected governmental positions when those positions require formulation, execution, or review of public policy issues.
Political Function
The ___________ and its protections against overwork and illegally-low compensation apply to all undocumented workers.
Fair Labor Standards Act
An employer who knowingly hires illegal workers cannot use the defense of their illegal status as a basis for _________________ employment actions.
Adverse discriminatory
While an employer may not discriminate against undocumented workers in the conditions of employment, a worker’s illegal status is a legitimate reason to terminate employment. (T/F)
True
The law as laid down in the decisions of the courts (distinct from statutes or other sources of law).
Case Law
Laws that deal with the rights of people rather than with crimes.
Civil Law
Skin pigmentation characteristic of race, especially other than White.
Color
Traits, background, allegiance, or association.
Ethnicity
Location of birth.
National Origin
A local geographic or global human population distinguished as a distinct group by genetically-transmitted physical characteristics.
Race
Hypothetical person in society who exercises average care, skill, and judgment in conduct and who serves as a comparative standard for determining liability.
Reasonable Person Test
John F. Kennedy made the proposition to Congress that race had no place in:
American life or law
Nation of origin employment discrimination is often linked to ________ and ____________ discrimination because those factors are closely associated with a specific country or ethnic group and often the same set of facts support the varied claims.
Race: Religion
If an employer takes an action based on the discriminatory practices of clients or customers ____________:
The employer is also discriminating
Certain nationals may be discriminated against in employment in situations of:
National security, under federal statute or Executive Order
Like racist comments, all rude or offensive behavior directed at an individual because of nation of origin characteristics is harassment. (T/F)
False
What would be a legitimate reason for establishing English-only rules in the workplace?
English is required to service and interact with customers.
Title VII allows for English-only rules under certain circumstances where there is:
No discriminatory purpose or effect
A telemarketing firm is forced to terminate an employee because no one can understand him on the phone. Which of the following is true?
The employer has not violated Title VII
If an English-only rule is adopted, an employer should ensure, by reasonable means, that non-English speaking employees are apprised of the rule:
In their native language
The Immigration Reform and Control Act prohibits employment discrimination on the basis of citizenship in firms with:
Four or more employees
