Podcast
Questions and Answers
What distinguishes disparate treatment from disparate impact?
What distinguishes disparate treatment from disparate impact?
- Disparate treatment requires proof of intent to discriminate. (correct)
- Disparate impact applies only to specific employment decisions.
- Disparate impact is focused on the intent behind actions.
- Disparate treatment involves unintentional discrimination.
What is a key difference between exemptions and defenses in employment discrimination cases?
What is a key difference between exemptions and defenses in employment discrimination cases?
- Exemptions apply only to specific industries, while defenses apply to all employers.
- Exemptions are applicable to all employees, while defenses only protect certain classes of employees.
- Exemptions generally remove the applicability of the law, but defenses seek to justify behavior within the law. (correct)
- Exemptions must be proven at trial, while defenses can be asserted in pre-trial motions.
What defines the initial burden of proof in employment discrimination claims?
What defines the initial burden of proof in employment discrimination claims?
- The legal standard shifts to the agency's standards for burden of proof.
- The employer must prove that their actions were non-discriminatory.
- The employee must prove intent behind the employer's actions.
- The employee must provide evidence of discrimination occurring. (correct)
Which of the following statements about the ADEA is incorrect?
Which of the following statements about the ADEA is incorrect?
What is a significant limitation of the ADA that does not apply to Title VII?
What is a significant limitation of the ADA that does not apply to Title VII?
How are retaliatory actions treated under Title VII compared to ADEA and ADA?
How are retaliatory actions treated under Title VII compared to ADEA and ADA?
What concept describes the administrative process for filing claims under the ADA?
What concept describes the administrative process for filing claims under the ADA?
What characteristic of Regulatory Agencies allows them to enforce compliance?
What characteristic of Regulatory Agencies allows them to enforce compliance?
What aspect of employee age does the ADEA specifically address?
What aspect of employee age does the ADEA specifically address?
What is an example of a common defense an employer might raise against a discrimination claim?
What is an example of a common defense an employer might raise against a discrimination claim?
Flashcards
Disparate Treatment
Disparate Treatment
Treating individuals differently based on a protected characteristic (race, gender, etc.).
Disparate Impact
Disparate Impact
Employment practices seemingly neutral but disproportionately affect a protected group.
Statute of Limitations
Statute of Limitations
Time limit for filing a discrimination claim.
ADEA
ADEA
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ADA
ADA
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Reasonable Accommodation
Reasonable Accommodation
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Retaliatory Discharge
Retaliatory Discharge
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Regulatory Agency
Regulatory Agency
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Burden of Proof
Burden of Proof
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Burden Shifting
Burden Shifting
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Study Notes
Employment Discrimination Law
- Disparate Treatment: A form of discrimination where individuals are treated differently based on protected characteristics.
- Disparate Impact: A form of discrimination where seemingly neutral policies or practices disproportionately affect protected groups.
- Statute of Limitations: The time frame within which a discrimination claim must be filed.
- Claim Filing Procedures: The process and location for filing discrimination claims.
- Burden of Proof: The initial responsibility of demonstrating discrimination in a claim.
- Burden Shifting: The process of shifting the responsibility of demonstrating a legitimate reason for actions.
- Employer Defenses: Potential defenses an employer can use against discrimination claims, including reasonable accommodations, undue burden, and legitimate employment qualifications.
- Age Discrimination in Employment Act (ADEA): Legislation prohibiting age-based discrimination.
- ADEA Applicability: Applies to employers with a certain number of employees. Protects employees over a specific age. Procedures and burden-shifting analysis mirrors Title VII. Defenses are similar to Title VII with exemptions (key employee status, industry-specific exemptions).
- Exemption vs. Defense (ADEA): Differences between defenses and statutory exemptions from ADEA requirements.
- Americans with Disabilities Act (ADA): Legislation prohibiting discrimination based on disability.
- ADA Applicability: Applies to employers with a certain number of employees. Covers both employees and public accessibility. Defines "disability."
- ADA Filing Procedures: Follows the same procedures as Title VII.
- ADA Burden of Proof: Similar burden of proof and shifting analysis as Title VII.
- ADA Defenses: Defenses are analogous to Title VII, with exceptions relating to modifications or accessibility in certain private business settings.
- Retaliation: Prohibition of employers taking retaliatory action against individuals who file discrimination claims or participate in investigations. Scope of retaliation claims includes co-workers who cooperate with investigations and spouses (even non-employees) if their interests are directly affected.
- State Law (Police Powers): Laws and regulations under state rights and police powers, which are separate from federal regulations.
- Regulatory Agencies: Bodies established to regulate various aspects of business or to safeguard the public.
- Regulatory Agency Rationale: Policies and reasons behind establishing regulatory agencies.
- Regulatory Agency Structure: General organizational structure of these agencies.
- Regulatory Agency Authority: Two types of agency authority; the source, and scope.
- Regulatory Agency Limitations: Restrictions and limitations on the exercise of agency authority.
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Description
This quiz covers key concepts of Employment Discrimination Law, including disparate treatment and impact, the statute of limitations, claim filing procedures, and employer defenses. Test your knowledge on essential legislation such as the Age Discrimination in Employment Act (ADEA) by answering engaging questions about discrimination claims and their handling.
