Employment Law Chapter 8: Gender Discrimination

Questions and Answers

According to the Equal Pay Act, which of the following are lawful reasons for employers to pay certain employees at a lower rate than they pay employees of the opposite sex?

Seniority system (correct)

Gender discrimination

Merit system (correct)

Job performance

In 2020, which state was the 38th to ratify the Equal Rights Amendment (ERA)?

Virginia

Identify a reason for the lower percentage of job loss among women during the 2008-2009 economic recession.

The jobs women hold tend to be more stable, but lower paying.

The Equal Employment Opportunity Commission issued guidelines on 'caregiver responsibility' discrimination because it realized that __.

the conflict between work and family has disparate impact on both male and female employees. Signup and view all the answers

The focus of gender discrimination claims has more recently shifted away from hiring discrimination toward on-the-job issues.

True Signup and view all the answers

The __ has a provision against discrimination based on sex.

Equal Pay Act, 29 U.S.C.A.§ 206(d) Signup and view all the answers

Match the terms associated with gender discrimination in the workplace with their descriptions.

Glass ceilings = The invisible barriers that prevent women from moving up higher in the workplace Glass walls = The barriers that prevent women from moving laterally into areas that lead to higher advancement in the workplace Glass escalator = The phenomenon of men entering traditionally female-dominated professions such as teaching and nursing Glass cliffs = The phenomenon of women being brought in to help a company in crisis Signup and view all the answers

Which of the following illustrates gender discrimination?

Michael was refused the role of a flight attendant because his recruiter preferred women. Signup and view all the answers

Identify a factor that led to changes in laws that prevented women from working.

Women came into the workplace in unprecedented numbers out of necessity during World War II and performed traditional male jobs admirably. Signup and view all the answers

Identify a true statement about gender discrimination in the workplace.

The vast majority of Equal Employment Opportunity Commission gender claims are filed by women. Signup and view all the answers

Employment discrimination based on gender and some other factors such as marital status or having children is termed '__' discrimination.

gender-plus Signup and view all the answers

Caregiver responsibility discrimination is also known as which of the following?

Caregiver bias Signup and view all the answers

Identify a true statement about gender stereotyping in the workplace.

It arises when workplace decisions are based on ideas of how a particular gender should act. Signup and view all the answers

Identify the true statements about the recent shifts in workplace gender discrimination.

The existence of a diverse workforce has led to the revelation of new issues of workplace gender discrimination; There has been an increase in gender discrimination claims concerning domestic violence and equal pay. Signup and view all the answers

Title VII of the Civil Rights Act of 1964 allows employers to apply different grooming codes to male and female employees.

True Signup and view all the answers

The 1991 Civil Rights Act called for the establishment of a Glass Ceiling Commission to __.

investigate the barriers to female and minority advancement in the workplace. Signup and view all the answers

Which of the following cases demonstrating workplace grooming codes are considered permissible under Title VII?

A restaurant requires all employees to wear uniforms. Signup and view all the answers

Which of the following was outlawed by Title VII of the Civil Rights Act of 1964?

The state laws that prohibited women from working at certain jobs because of protective legislation. Signup and view all the answers

Identify a step that a law firm can take to avoid violating Title VII of the Civil Rights Act of 1964 when a client requests a different lawyer due to the gender of the lawyer assigned.

The firm should let the client go if he or she declines to let Lisa represent him. Signup and view all the answers

Identify a true statement about an employer's policies that lead to 'gender-plus' discrimination.

They are not neutral at all. Signup and view all the answers

Study Notes

Equal Pay Act and Gender Discrimination

Lawful reasons for gender pay disparity include merit and seniority systems as per the Equal Pay Act (29 U.S.C.A. 206(d)).
The Equal Pay Act includes a provision against sex-based discrimination.

Equal Rights Amendment

Virginia became the 38th state to ratify the Equal Rights Amendment (ERA) in 2020.

Economic Impact on Employment

Women's job stability during the 2008-2009 recession contributed to a lower percentage of job loss for women, despite these jobs being typically lower paying.

Caregiver Responsibility Discrimination

The Equal Employment Opportunity Commission acknowledges that caregiver responsibility discrimination affects both genders, leading to challenges balancing work and family obligations.
This form of discrimination is also referred to as caregiver bias.

Shifts in Gender Discrimination Claims

Recent trends show a shift from hiring discrimination to issues arising during employment, such as workplace conditions and treatment.
The majority of gender discrimination claims filed with the Equal Employment Opportunity Commission are submitted by women.

Stereotyping and Discrimination

Gender-plus discrimination combines gender with other factors such as marital status or parenthood.
Gender stereotyping occurs when workplace decisions are influenced by societal norms about how genders should behave.

Barriers to Advancement

Concepts like glass ceilings, glass walls, glass escalators, and glass cliffs illustrate different barriers women face in career advancement.
The 1991 Civil Rights Act established a Glass Ceiling Commission to investigate barriers to the advancement of women and minorities.

Title VII of the Civil Rights Act of 1964

Title VII permits different grooming codes for male and female employees under specific circumstances, including limiting facial tattoos and requirements for hair length.
Title VII abolished state laws that restricted women from certain jobs due to protective legislation.

Case Scenarios

If a client refuses to work with a female lawyer, the law firm should opt to let the client go to comply with Title VII, thereby not compromising its anti-discrimination policies.

Gender Policies

Employer policies leading to gender-plus discrimination are inherently biased and not neutral, which can facilitate unequal treatment within the workplace.

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Test your knowledge on gender discrimination as covered in Employment Law Chapter 8. This quiz includes key concepts such as the Equal Pay Act and the Equal Rights Amendment, ensuring a comprehensive review of important legal foundations. Perfect for students and professionals looking to deepen their understanding.