ch 16 Employment Discrimination Laws Overview

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Questions and Answers

Which of the following is included as a protected class under Title VII of the Civil Rights Act?

Disability status

Age

Political affiliation

Sex (correct)

What criterion allows for reverse discrimination to be considered legal?

When the discriminatory action involves a union

When a specific job requires specific traits

When members of a protected class are underrepresented in a job category (correct)

When a majority is discriminated against

Which amendment to Title VII specifically addresses discrimination based on sexual orientation?

No specific amendment; it's a judicial interpretation (correct)

1978 Amendment

1991 Amendment

1972 Amendment

In the context of employment discrimination, what is the employer's responsibility regarding religious practices?

To accommodate when it does not cause undue hardship Signup and view all the answers

What does 'national origin' refer to under Title VII?

The country of birth or ancestry Signup and view all the answers

How many employees must an employer have for Title VII to be applicable?

15 or more Signup and view all the answers

What is the primary agency responsible for enforcing Title VII?

Equal Employment Opportunity Commission (EEOC) Signup and view all the answers

What term is used to describe discrimination that occurs against those in a majority group?

Reverse discrimination Signup and view all the answers

Under which condition can sexual harassment be defined as quid pro quo?

Submission to conduct is made a term of employment Signup and view all the answers

What is required for a plaintiff to establish a prima facie case of disparate treatment?

The plaintiff must show they faced an adverse employment action Signup and view all the answers

Which of the following is NOT a remedy available in discrimination cases?

Injunctive relief Signup and view all the answers

Under the Age Discrimination in Employment Act (ADEA), which age group is primarily protected?

Persons aged 40 and above Signup and view all the answers

What does the Americans with Disabilities Act (ADA) require for establishing a case?

The plaintiff must prove they have a disability Signup and view all the answers

What must employers demonstrate to defend against disparate impact claims?

That their rules are not discriminatory and justified by business necessity Signup and view all the answers

What is a key feature of a hostile work environment in the context of sexual harassment?

The presence of sexual jokes in the workplace Signup and view all the answers

Which of the following statements about retaliation for making complaints is correct?

Employees have the right to sue for retaliatory actions taken against them Signup and view all the answers

What is a primary function of the EEOC or state agencies like the MHRC in discrimination cases?

To investigate claims of discrimination Signup and view all the answers

In terms of proving discrimination, what does the burden-shifting process entail?

The plaintiff presents evidence first, followed by the employer, then back to the plaintiff Signup and view all the answers

What must a plaintiff show to claim constructive discharge effectively?

They were subjected to abusive workplace conditions related to their protected class Signup and view all the answers

What does the McDonnell-Douglas Test primarily evaluate in discrimination lawsuits?

The intentionality behind the employer's adverse actions Signup and view all the answers

Which of the following can be considered a legitimate affirmative defense against a disparate impact lawsuit?

Proven knowledge and skill requirements for the job Signup and view all the answers

Study Notes

Employment Discrimination Laws

Title VII of the 1964 Civil Rights Act: Prohibits discrimination based on race, color, religion, sex, or national origin by employers with 15 or more employees. Amended in 1972, 1978, and 1991. Empowers the Equal Employment Opportunity Commission (EEOC) to enforce the Act.
Maine's Human Rights Act (MHRA): Modeled on Title VII, but also prohibits discrimination based on sexual orientation.
Protected Classes: Race, color, religion, sex, national origin, and (in Maine) sexual orientation are protected classes.
Reverse Discrimination: Illegal unless members of a protected class are underrepresented in a job category.
National Origin: The country of birth or ancestry of an individual.
Religion: Includes all aspects of religious practice and belief, and covers atheists. Employers must reasonably accommodate religious practices except for undue hardship.
Sex: Title VII prohibits discrimination based on gender, pregnancy, childbirth, or related medical conditions. The Supreme Court's Bostock v. Clayton County ruling extends protection to sexual orientation and gender identity.
Sexual Harassment: Unwelcome sexual advances, requests for sexual favors, or other verbal/physical conduct of a sexual nature when
- Submission becomes a term or condition of employment
- Used in employment decisions
- Creates a hostile work environment.
Types of Sexual Harassment:
- Quid Pro Quo: Promises or threats related to employment in exchange for sexual favors.
- Hostile Work Environment: Harassment severely/pervasively affecting work.

Bringing a Discrimination Charge

Filing a Charge: Employees must first file a charge with the EEOC or the appropriate state agency (e.g., the MHRC in Maine).
Investigation: The EEOC (or state agency) investigates the claim.
Resolution: Parties may settle, the EEOC (or state agency) issues a right to sue letter, or the EEOC (or state agency) rarely sues the employer.
Lawsuit: Employees with a right to sue letter can file a lawsuit in federal or state court.

Discrimination Lawsuit Categories

Disparate Treatment: Plaintiff must prove intentional discrimination. The McDonnell Douglas Test has three stages:
- Prima Facie Case: Plaintiff establishes they belong to a protected class, met job qualifications, suffered an adverse action, and the action suggests discrimination.
- Employer's Burden: Employer provides legitimate, nondiscriminatory reason for decision.
- Plaintiff's Rebuttal: Plaintiff shows the employer's rationale was merely a pretext (an excuse).
Disparate Impact: Employer's rule or practice affects protected groups differently. Key issues include:
- Whether employer's rules discriminate based on protected class.
- Whether the rules are justified by business necessity/job requirements.
Legitimate Affirmative Defenses: Bona fide seniority/merit programs, bona fide occupational qualifications.

Remedies in Discrimination Cases

Back Pay: Paid from the date of discrimination until present.
Front Pay: Paid for lost future income/career opportunities.
Compensatory Damages: Court-awarded damages (emotional distress, medical costs, etc.).
Punitive Damages: Damages meant to punish the employer for reckless disregard when found liable.
Attorney's Fees: Often awarded to the plaintiff, but rarely to a successful defendant.

Age Discrimination in Employment Act (ADEA)

Protection: Forbids age discrimination for those over 40 by employers with 20 or more workers.
Remedies: Mimics Title VII, but successful plaintiffs cannot receive compensatory or punitive damages or attorney fees.

Disability Discrimination (Americans with Disabilities Act - ADA)

Protection: Prohibits discrimination based on disability by employers with 15 or more employees.
Prima Facie Case:
- Plaintiff has a disability
- Employer knew of the disability
- Plaintiff can do job with reasonable accommodations
- Employer refused to make accommodations.
Disability Definition: Physical or mental impairment substantially limiting major life activities, a record of impairment, or being regarded as having an impairment.
Reasonable Accommodations: Must be provided for without undue hardship to the employer.

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Description

This quiz covers important employment discrimination laws, including Title VII of the 1964 Civil Rights Act and Maine's Human Rights Act. It addresses protected classes, reverse discrimination, and employer obligations regarding religion and national origin. Test your knowledge on these essential legal concepts that protect workers' rights.