W2: Title VII of the Civil Rights Act of 1964

Question 1

Who proposed the Civil Rights Act in 1963? Who signed it into law in 1964?

Answer 1

John F. Kennedy
Lyndon B. Jonson
one of the longest debates in Senate history to pass

Question 2

What is the Civil Rights Act of 1964?

Answer 2

outlaws discrimination and segregation based on race, color, religion, or national origin in public establishments, schools, and federally funded programs

Question 3

What is Title VII of the Civil Rights Act of 1964?

Answer 3

protects employees and job applicants from employment discrimination based on race, color, religion, sex, and national origin

Question 4

What employers are covered by Title VII?

Answer 4

Private employers - 15+ employees
Federal Government
State and Local Government
Private and Public Employment Agencies
Labor Organizations
Joint Labor/Management Committees
(covers multinational operating out of the U.S. and U.S incorporated employers operating in other countries)

Question 5

What is step 1 of filing a complaint?

Answer 5

File complaint with the EEOC. This determines whether to sue on behalf of claimant.

Question 6

What class was not originally included in the Civil Rights Act of 1964 until Title VII was passed?

Answer 6

Sex

Question 7

What is step 2 of filing a complaint?

Answer 7

EEOC sends the claimant a “right-to-sue” letter after they have reviewed and their work on the case has concluded

Question 8

Title VII Discrimination

Answer 8

The limitation or denial of employment opportunity based on or related to the protected class characteristics of persons

Question 9

What are examples of discriminatory actions that limit or deny employment opportunities?

Answer 9

disciplining, refusing to promote, firing, refusing to hire, or promote candidate.

Question 10

What are the Protected Classes under Title VII of the Civil Rights Act?

Answer 10

Race, Color, Sex, National Origin, and Religion

Question 11

What two classes are not expressly covered?

Answer 11

Sexual Orientation and Sexual Identity
(basically fall under sex discrimination)

Question 12

What is retaliation in the workplace?

Answer 12

The act of punishing employees for seeking to assert their rights under anti-discrimination laws or assisting others in doing so.

Question 13

For retaliation acts to be retaliatory, they must be…

Answer 13

material and adverse

Question 14

What should HR do when they receive an employee complaint related to discrimination or retaliation?

Answer 14

Investigate complaints and document

Question 15

Examples of Retaliation participation

Answer 15

file a charge, bring a lawsuit, gives testimony, assists in investigation

Question 16

Examples of Retaliation opposition

Answer 16

complain to supervisors/officials about discrimination, contacts civil rights org or media, circulate petitions

Question 17

Plaintiff must establish a prima facie case of retaliation by showing:

Answer 17

1) plaintiff engaged in protected activity
2) plaintiff subjected to a materially adverse action
3) causal link between protected activity and materially adverse action taken by the employer

Question 18

Prima Facie Case

Answer 18

A showing by the plaintiff of certain basic facts that point to the discrimination as a plausible explanation for an adverse employment action

Question 19

Materially Adverse Action

Answer 19

An action taken that is meant to dissuade a reasonable worker from making or supporting a charge of discrimination

Question 20

What are some things HR can do to prevent discrimination and retaliation?

Answer 20

establish open door policy, encourage employees to share concerns and open communication, and train employees