Bus Law Chapter 33 Flashcards

Podcast

Play an AI-generated podcast conversation about this lesson

Questions and Answers

What is a Right to Sue Letter?

A letter from the EEOC that authorizes a complainant to sue for discrimination (correct)

A warning letter to employees

A letter issued by the employer

A letter confirming employment

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)?

The federal agency responsible for enforcing federal antidiscrimination laws. Signup and view all the answers

Disparate _____ discrimination occurs when an employer discriminates against a specific individual.

treatment Signup and view all the answers

What is a prima facie Title VII discrimination case?

A case where the plaintiff has sufficient evidence of discrimination against them. Signup and view all the answers

Disparate _____ discrimination occurs when an employer discriminates against an entire protected class.

impact Signup and view all the answers

What is quid pro quo sex harassment?

Gender discrimination where sexual favors are requested for job-related benefits. Signup and view all the answers

Employment discrimination based on _ ___ is discrimination against an individual because that person is transgender.

gender identity Signup and view all the answers

What constitutes a hostile work environment?

A work environment involving harassment that negatively impacts employee performance. Signup and view all the answers

An employer is liable if it was ___ in controlling the workplace regarding harassment.

negligent 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.

strictly liable Signup and view all the answers

An employer is _ _ for a harassing supervisor's conduct where no tangible employment action is taken.

vicariously liable Signup and view all the answers

Can religious organizations give preference to individuals of a particular religion?

True Signup and view all the answers

What is a Bona Fide Occupational Qualification?

A true job qualification that can lawfully involve discrimination based on a protected class. Signup and view all the answers

What does the Equal Pay Act protect against?

Pay discrimination based on sex. Signup and view all the answers

What criteria justify a differential in wages?

Seniority, merit, quantity or quality of product, and any factor other than sex. Signup and view all the answers

What is the Americans with Disabilities Act?

A federal statute that requires accommodations for individuals with disabilities. Signup and view all the answers

What is a reasonable accommodation under the ADA?

An employer's duty to accommodate an individual's disability without undue hardship. Signup and view all the answers

What is meant by undue hardship?

Actions that require significant difficulty or expense to provide accommodations. Signup and view all the answers

What is an affirmative action plan?

A policy that provides job preferences to minority or protected-class applicants. 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.