Employment Discrimination Law Overview
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Questions and Answers

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?

  • 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?

  • 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?

    <p>The ADEA allows for claims to be filed indefinitely.</p> Signup and view all the answers

    What is a significant limitation of the ADA that does not apply to Title VII?

    <p>Accessibility requirements do not apply to older buildings.</p> Signup and view all the answers

    How are retaliatory actions treated under Title VII compared to ADEA and ADA?

    <p>Co-workers and spouses can claim retaliation under all three laws.</p> Signup and view all the answers

    What concept describes the administrative process for filing claims under the ADA?

    <p>It follows procedures similar to those utilized under Title VII.</p> Signup and view all the answers

    What characteristic of Regulatory Agencies allows them to enforce compliance?

    <p>Broad authority based on legislative grants.</p> Signup and view all the answers

    What aspect of employee age does the ADEA specifically address?

    <p>It prohibits discrimination against employees aged 40 and above.</p> Signup and view all the answers

    What is an example of a common defense an employer might raise against a discrimination claim?

    <p>Citing no reasonable accommodation due to facility constraints.</p> Signup and view all the answers

    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.

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