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Questions and Answers
What did the Civil Rights Act of 1964 aim to address?
What did the Civil Rights Act of 1964 aim to address?
Before the Civil Rights Act of 1964, employment discrimination based on race and sex was illegal.
Before the Civil Rights Act of 1964, employment discrimination based on race and sex was illegal.
False
What is the minimum number of employees a company must have for Title VII of the Civil Rights Act to apply?
What is the minimum number of employees a company must have for Title VII of the Civil Rights Act to apply?
15
Title VII makes it illegal for employers to discriminate based on __________, color, religion, sex, or national origin.
Title VII makes it illegal for employers to discriminate based on __________, color, religion, sex, or national origin.
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Match the following terms with their definitions.
Match the following terms with their definitions.
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Which of the following is NOT a protected category under Title VII?
Which of the following is NOT a protected category under Title VII?
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The Civil Rights Act applies to all businesses regardless of the number of employees.
The Civil Rights Act applies to all businesses regardless of the number of employees.
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What is the primary goal of Title VII of the Civil Rights Act?
What is the primary goal of Title VII of the Civil Rights Act?
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Which of the following is an example of harassment?
Which of the following is an example of harassment?
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Harassment can only affect the person who is directly targeted.
Harassment can only affect the person who is directly targeted.
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What legal framework protects individuals from discrimination based on religious beliefs?
What legal framework protects individuals from discrimination based on religious beliefs?
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An employer is not required to accommodate an employee's religious practices if it causes __________ hardship to the business.
An employer is not required to accommodate an employee's religious practices if it causes __________ hardship to the business.
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Match the following examples of harassment with their descriptions:
Match the following examples of harassment with their descriptions:
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Which of the following is NOT an example of illegal harassment?
Which of the following is NOT an example of illegal harassment?
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Employees can be forced to participate in employer-mandated religious practices without exceptions.
Employees can be forced to participate in employer-mandated religious practices without exceptions.
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Name one accommodation an employer might provide for an employee's religious practices.
Name one accommodation an employer might provide for an employee's religious practices.
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What forms of discrimination are expressly prohibited in employment?
What forms of discrimination are expressly prohibited in employment?
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Title VII of the Civil Rights Act only prohibits discrimination based on race and color.
Title VII of the Civil Rights Act only prohibits discrimination based on race and color.
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What must an employer do to accommodate religious practices of an employee?
What must an employer do to accommodate religious practices of an employee?
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Harassment based on race, color, religion, or _______ is considered unlawful.
Harassment based on race, color, religion, or _______ is considered unlawful.
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Match the following prohibited forms of discrimination with their descriptions:
Match the following prohibited forms of discrimination with their descriptions:
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What does 'materially adverse' mean in terms of discrimination cases?
What does 'materially adverse' mean in terms of discrimination cases?
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Discrimination based on marital status is legal if it pertains to racial associations.
Discrimination based on marital status is legal if it pertains to racial associations.
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What is required for behavior to qualify as harassment in the workplace?
What is required for behavior to qualify as harassment in the workplace?
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What was the Supreme Court's decision regarding Duke Power Co.'s requirement for high school education?
What was the Supreme Court's decision regarding Duke Power Co.'s requirement for high school education?
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Title VII allows employers to consider race as a bona fide occupational qualification.
Title VII allows employers to consider race as a bona fide occupational qualification.
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What does BFOQ stand for?
What does BFOQ stand for?
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Employers are allowed to take __________ into account if it is necessary for the normal operation of business.
Employers are allowed to take __________ into account if it is necessary for the normal operation of business.
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In cases of disparate treatment, what must an employee prove?
In cases of disparate treatment, what must an employee prove?
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Religious educational institutions may make employment decisions based solely on religious beliefs.
Religious educational institutions may make employment decisions based solely on religious beliefs.
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Name one example of an occupational circumstance where sex may be a legitimate BFOQ.
Name one example of an occupational circumstance where sex may be a legitimate BFOQ.
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What was Congress's goal regarding Title VII?
What was Congress's goal regarding Title VII?
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Affirmative action plans can involve quotas for unqualified applicants over qualified applicants.
Affirmative action plans can involve quotas for unqualified applicants over qualified applicants.
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What does 'undue hardship' refer to in the context of employee accommodations?
What does 'undue hardship' refer to in the context of employee accommodations?
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What is required for an affirmative action plan to be considered valid?
What is required for an affirmative action plan to be considered valid?
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The first major affirmative-action employment case was _____ v. Weber.
The first major affirmative-action employment case was _____ v. Weber.
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In Groff v. DeJoy, the Supreme Court ruled that all religious accommodation requests must be granted by employers.
In Groff v. DeJoy, the Supreme Court ruled that all religious accommodation requests must be granted by employers.
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What was the outcome of the Supreme Court decision regarding limited use of race in college admissions?
What was the outcome of the Supreme Court decision regarding limited use of race in college admissions?
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What must an employer demonstrate to claim substantial burden in terms of religious accommodation?
What must an employer demonstrate to claim substantial burden in terms of religious accommodation?
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Title VII makes it unlawful for an employer to limit, segregate, or classify employees due to their race, color, religion, sex, or ______.
Title VII makes it unlawful for an employer to limit, segregate, or classify employees due to their race, color, religion, sex, or ______.
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Match the following concepts with their descriptions:
Match the following concepts with their descriptions:
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The Supreme Court ruled that universities had sufficiently targeted and measurable goals to justify race-based admissions.
The Supreme Court ruled that universities had sufficiently targeted and measurable goals to justify race-based admissions.
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Match the following legal cases with their key concepts:
Match the following legal cases with their key concepts:
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The _____ case involved a public university rejecting applicants based on their race.
The _____ case involved a public university rejecting applicants based on their race.
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Which of the following statements about Groff v. DeJoy is true?
Which of the following statements about Groff v. DeJoy is true?
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Unintentional discrimination requires proof that the employer intentionally discriminated against an employee.
Unintentional discrimination requires proof that the employer intentionally discriminated against an employee.
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What is meant by 'disparate impact' in employment practices?
What is meant by 'disparate impact' in employment practices?
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Study Notes
Introduction
- Before the Industrial Revolution, most people worked for themselves or their family.
- After the Civil War, people began working for companies.
- The government initially had little interference in employment issues.
- Congress implemented laws to limit child labor, set working hours, and improve workplace safety.
- The Supreme Court later deemed some of these laws unconstitutional, violating "freedom of contract."
- Today, most businesses must comply with federal and state employment laws (minimum wage, overtime pay, etc.).
- Public employees have additional Constitutional protections.
Title VII of the Civil Rights Act of 1964: Employment Discrimination
- Before 1964, legal discrimination against employees or job applicants based on race, color, sex, religion, or national origin was common.
- Title VII of the Civil Rights Act made this illegal.
- The law applies to public places such as hotels, restaurants, gas stations, bars, entertainment venues, and public schools, colleges, and universities.
- Applied to employers with 15 or more employees.
- Prohibits:
- Refusing to hire, firing, or treating employees unfairly due to race, color, religion, sex, or national origin.
- Goal: Ensure fair and equal treatment for all employees.
Intentional Discrimination
- Title VII prohibits intentional discrimination and discriminatory practices that impact individuals.
- Illegal employment practices include hiring and firing, compensation, employee classification, transfers, promotions, layoffs, recalls, job advertisements and recruitment, testing, use of company facilities, training and apprenticeship programs, retirement plans, leave, and benefits.
- This also includes harassment (like creating a hostile work environment based on sex, religion, etc) and the failure to accommodate religious practices.
Discrimination Based on Relationships
- Denying a job or opportunity to someone based on their association with someone of a particular race, color, national origin, sex, etc., is illegal.
- Courts consider if the action significantly harmed the employee.
Discrimination Based on Religion
- Title VII protects individuals who practice traditional religions or moral beliefs.
- Employers aren't required to accommodate religious practices if it creates an undue hardship on the business.
Affirmative Action
- Affirmative action is a contentious issue regarding equality and fairness.
- Its implementation is highly debatable; some believe in quotas, others believe in preferential treatment.
- Affirmative action plans cannot involve quotas for unqualified applicants over qualified applicants; only permits consideration of race or gender as a "plus factor" when choosing between equally qualified candidates.
Title VII Exemptions and Defenses
- Certain practices regarding religion, sex or national origin are permitted as long as they are "bona fide occupational qualifications" necessary to the normal operation of trade or business (e.g., a role requiring only a specific sex).
- Employers can present reasons for discrimination that are not discriminatory in nature.
- Employers can explain why they made a non-discriminatory decision if challenged.
- Religious institutions and employers can make employment decisions based on religion.
Summary of Additional Anti-Discrimination Laws
- Age discrimination is illegal under the Age Discrimination in Employment Act of 1967 (ADEA).
- Disability discrimination is prohibited by the Americans with Disabilities Act of 1990 (ADA).
Enforcement
- Complaints related to employment discrimination are filed with the Equal Employment Opportunity Commission (EEOC).
- The EEOC investigates and enforces anti-discrimination laws.
- It can take action directly or allow individuals to pursue lawsuits on their own.
- Other entities may also have similar employment authorities (e.g. Fair Employment Practices Agencies).
Title VII Case Study: Sex Discrimination
- Title VII initially did not explicitly address sex discrimination, but was later amended to include it.
- Cases like Gilbert v. General Electric and Bostock v. Clayton County clarified the scope of sex discrimination under Title VII.
- Courts have expanded the interpretation of sex discrimination to cover sexual orientation and gender identity, but religious exemptions remain a contentious issue.
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Description
Explore the evolution of employment laws in America, focusing on the critical changes that emerged after the Industrial Revolution and the landmark Title VII of the Civil Rights Act of 1964. Understand the impact of these laws on workplace discrimination and employee rights, while reflecting on the historical context and legal developments. This quiz provides insights into the legal landscape surrounding employment issues.