Unit 6 & Unit 8 Flashcards
List 5 protected classes under Title VII, The Civil Rights Act of 1964
- Race
- Color
- Religion
- Sex
- National origin
What 2 things can you sue under if you feel that you have been discriminated against?
- Disparate Treatment
2. Disparate Impact
When does disparate treatment exist?
When an employer intentionally discriminates against someone because of their race, color, religion, sex or national origin
When does disparate impact exist?
When an employer uses legitimate neutral looking standards that unintentionally put a heavier burden on a protected class than on other employees
When can bona fide occupational qualification not be used as a defense?
When the case involves race
When is discrimination considered lawful?
When there is a bona fide occupational qualification that is reasonably necessary for the normal operations of the business
List 3 things that you have to prove for a bona fide occupational qualification defense
- Proof of a “Nexus” between the qualification and job performance
- “Necessity” of the qualification for successful performance
- The job performance affected by the qualification is the “Essence” of the job
What must employers do in cases involving religious accommodation?
They must take reasonable steps to prevent and remedy religious harassment as long as the accommodation isn’t an undue hardship
What level of costs do employers need to bear to accommodate religious beliefs?
A de minimus cost
List 8 disabilities that are covered under the ADA/ADAAA
- Blindness
- Hearing loss
- Anatomical loss
- Disfiguring scars
- Alcoholism
- Drug abuse
- HIV/AIDS
- Sometimes severe obesity
List 6 disabilities that are not covered under the ADA/ADAAA
- Homosexuality
- Bisexuality
- Exhibitionism
- Gambling
- Kleptomania
- Pyromania
What 2 things must the plaintiff show in order to be protected by the Age Discrimination in Employment Act?
- They are 40 or older
2. A younger person received more favorable treatment
What is illegal gender discrimination actionable under?
Title 7
What is the conflict regarding employee privacy rights?
An employee’s right to privacy vs. the employer’s desire to decrease their potential liability
What is any unwelcome sexual advances, requests for sexual favors, and verbal or physical conduct of a sexual nature?
Sexual harassment
List the 2 categories of sexual harassment
- Quid pro quo
2. Hostile environment
Fill in the Blanks:
You sue under disparate treatment when the discrimination is _________ and you sue under disparate impact when the discrimination is _________
- Intentional
2. Unintentional
When someone is suing for disparate treatment who has the burden of proof?
The plaintiff
What 4 things does the plaintiff have to prove in order to meet their initial burden of proof in a disparate treatment case?
- They are a member of a protected class
- They are qualified for the position
- They suffered a negative employment condition
- Their boss hired/promoted someone not in their protected class
What has the plaintiff made when they have met their burden of proof in a disparate treatment case?
They have made their prima facie case
What happens after the plaintiff has made their prima facie case in a disparate treatment case?
The burden of proof shifts to the employer
What does the employer/defendant have to prove in order to meet their burden of proof in a disparate treatment case?
They had a legitimate, non-discriminatory reason for the plaintiff not getting the job
What happens if the employer has met their burden of proof in a disparate treatment case?
The burden of proof shifts back to the plaintiff
What must the plaintiff prove when the burden of proof shifts back to them in a disparate treatment case?
They have to prove that their boss is lying
Which case set up the burden of proof procedures that disparate treatment claims must follow?
The McDonnell Douglas Corp v. Green Case
How do you prove a disparate impact claim?
By using statistics and numbers
What can make proving a disparate treatment claim harder?
When the plaintiff is in more than one protected class
What type of cases usually arise regarding national origin discrimination?
Disparate treatment based on language and/or appearance
What are the limits to arguing national origin discrimination?
An “English only” rule is permissible
Summarize the On-the-Job Fetal case
Johnson Controls, Inc. is a battery manufacturer. The primary ingredient in their product is lead, which poses a serious health risk to a women’s fetuses if it is exposed to lead. Johnson had a policy that said that women who are or have the ability to become pregnant can’t be placed into jobs involving lead exposure. They believed that this was a BFOQ, but the U.S. Supreme Court found that this policy was discriminatory and a violation of Title VII.
Describe a quid pro quo
A sexual experience in exchange for one’s job
Describe a hostile environment
A workplace rendered offensive and abusive where no employment benefit is gained or lost
List 2 instances where an employer can be held liable for sexual harassment
- When the wrongdoer was a coworker and the employer unreasonably failed to prevent or remedy the harassment where management knew or should have known about it
- When the wrongdoer was a supervisor and employee suffered a tangible employment action because of the harassment
Explain the entire disparate treatment process
The plaintiff has 4 things that they have to prove to meet their burden of proof/make their prima facie case
- They are a member of a protected class
- They are qualified for the position
- They suffered a negative employment condition
- Their boss hired/promoted someone not in your protected class
Once they have made their prima facie case the burden of proof shifts to the employer. The employer has to prove that they had a legitimate, non-discriminatory reason for the plaintiff not getting the job.
If the employer meets their burden of proof the burden of proof shifts back to the plaintiff. The plaintiff has to prove that their boss is lying.
What does product liability based on strict liability state?
Any retailer, seller, or manufacturer that sells an unreasonably dangerous defective product that injures the user is strictly liable
True or False:
Manufacturers can be held liable for product liability based on strict liability even when they have exercised all reasonable care
True
When is the manufacturer strictly liable for the product?
When they knowingly place a defective product in the market and that defect causes injury
List 3 things that the plaintiff needs to prove in order to successfully sue under product liability
- The product defective
- The product is unreasonably dangerous because of the defect
- The defect is the proximate cause or substantial factor in the injury
Can suppliers of compartment parts be held liable for strict product liability?
Yes
Who can sue under product liability?
The injured party and any injured bystanders
List 4 people who should develop a code of ethics for a company
- President
- Board of directors
- Chief Executive Officers
- Legal council
List the 3 forms that the code of conduct may take
- Code of ethics
- Code of conduct
- Statement of value
What is the first step in establishing organizational ethics program?
Developing a code of ethics
What is the most comprehensive code of conduct?
Code of ethics
In what industries is the “English Only” rule permissible?
Customer service and health & safety
Describe a disabled person
A person who has a physical or mental impairment that substantially limits major or significant life activities
What is used as a defense against disparate treatment and disparate impact?
A bona fide occupational qualification
Is a privity of contract needed in order to sue under product liability?
No
List 4 things that you must do if you’re confronting a situation at the workplace
- Determine the facts
- If you don’t know the facts present the issue to those involved and affected
- Always give the opportunity for self-remedy
- Don’t fear the fallout and hassle
List 8 reasons why it’s important for a company to have codes of conduct
- Many ethical issues are complex
- To satisfy the public’s desire for more responsibility
- To avoid legal problems by complying with the minimum standards of laws and regulations
- It’s impossible to know all the laws that apply to a company
- To eliminate “bad apples” within an organization
- To redesign “bad barrel” organizations
- Without it, employees make decisions based on their observations of how their coworkers behave
- It ensures that employees understand and comply with company values
