Questions and Answers
What is a Right to Sue Letter?
What does Title VII of the Civil Rights Act of 1964 prohibit?
Discrimination based on race, color, religion, sex, and national origin.
What are the 5 categories of protected classes under Title VII?
Race, color, religion, sex, and national origin.
What is the Equal Employment Opportunity Commission (EEOC)?
Signup and view all the answers
Disparate _____ discrimination occurs when an employer discriminates against a specific individual.
Signup and view all the answers
What is a prima facie Title VII discrimination case?
Signup and view all the answers
Disparate _____ discrimination occurs when an employer discriminates against an entire protected class.
Signup and view all the answers
What is quid pro quo sex harassment?
Signup and view all the answers
Employment discrimination based on ___ _____ is discrimination against an individual because that person is transgender.
Signup and view all the answers
What constitutes a hostile work environment?
Signup and view all the answers
An employer is liable if it was ___ in controlling the workplace regarding harassment.
Signup and view all the answers
An employer is _____ _____ for a harassing supervisor's conduct if a tangible employment action is taken against the victim.
Signup and view all the answers
An employer is _____ _____ for a harassing supervisor's conduct where no tangible employment action is taken.
Signup and view all the answers
Can religious organizations give preference to individuals of a particular religion?
Signup and view all the answers
What is a Bona Fide Occupational Qualification?
Signup and view all the answers
What does the Equal Pay Act protect against?
Signup and view all the answers
What criteria justify a differential in wages?
Signup and view all the answers
What is the Americans with Disabilities Act?
Signup and view all the answers
What is a reasonable accommodation under the ADA?
Signup and view all the answers
What is meant by undue hardship?
Signup and view all the answers
What is an affirmative action plan?
Signup and view all the answers
Study Notes
Employment Discrimination Concepts
- Right to sue letter: Issued by the EEOC when it does not pursue an action against an employer, allowing a complainant to file a lawsuit for employment discrimination.
- Title VII of the Civil Rights Act of 1964: Federal law aimed at ending job discrimination based on five protected classes: race, color, religion, sex, and national origin. It prohibits discrimination in all employment decisions by private employers.
- Protected classes under Title VII: Include race, color, religion, sex, and national origin.
Regulatory Bodies and Legal Definitions
- Equal Employment Opportunity Commission (EEOC): The federal agency enforcing most federal antidiscrimination laws.
- Disparate treatment: Discrimination against a specific individual based on their race, color, national origin, sex, or religion.
- Prima facie Title VII discrimination case: A case in which the plaintiff has enough evidence to prove discrimination unless the employer can provide contrary evidence.
Forms of Discrimination
- Disparate impact: Discrimination against an entire protected class caused by a racially neutral practice that results in adverse effects on that class.
- Quid Pro Quo Sex Harassment: Gender discrimination in which job benefits are contingent upon sexual favors, violating Title VII.
- Gender identity discrimination: Discrimination against individuals based on their transgender status.
Workplace Environment and Harassment
- Hostile work environment: Workplaces marked by sexual or racial harassment that create a threatening atmosphere, impacting employees' ability to work.
- Negligent employer liability: Employers may be liable if they failed to control harassment when they knew or should have known about it.
- Strict liability for harassment: Employers are strictly liable when a supervisor's actions lead to tangible employment actions against the victim (e.g., demotion).
- Vicarious liability: Employers are liable for supervisor harassment when no tangible employment actions occur and they cannot prove an affirmative defense.
Legal Protections and Exceptions
- Religious organization preferences: These organizations may legally offer job preferences to individuals of a particular religion.
- Bona Fide Occupational Qualification: Acceptable job qualifications based on protected class characteristics when job-related and necessary for business.
- Equal Pay Act: Protects individuals from sex-based pay discrimination in jobs requiring equal skill, effort, responsibility, and working conditions.
Justifications for Wage Differentials
- Criteria for justification: Seniority, merit, quantity or quality of product, or any factor other than sex can justify wage differences.
Disability and Accommodation Laws
- Americans with Disabilities Act: Federal law imposing requirements on employers and service providers to accommodate individuals with disabilities.
- Reasonable accommodation: Employers must accommodate disabilities unless it causes undue hardship.
- Undue hardship: Significant difficulty or expense faced by employers when accommodating employees with disabilities.
Affirmative Action
- Affirmative Action plan: Policies designed to give preferences to minority or protected-class applicants in hiring and employment decisions.
Studying That Suits You
Use AI to generate personalized quizzes and flashcards to suit your learning preferences.
Description
Test your knowledge of employment law concepts with these flashcards from Bus Law Chapter 33. Key terms include the Right to Sue letter and Title VII of the Civil Rights Act of 1964, essential for understanding employment discrimination law.
