Legal Considerations for Residency Requirements in Employment Decisions
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Questions and Answers

Which of the following is an example of direct discrimination in employment?

  • Implementing a mandatory retirement age for all employees.
  • Requiring all employees to speak fluent English, even when it is not necessary for the job.
  • Offering a lower salary to a woman with the same qualifications as a man in the same role.
  • Refusing to hire a qualified applicant because of their race or ethnicity. (correct)

Which Supreme Court case established the concept of 'job relatedness' in employment decisions?

  • Brown v. Board of Education
  • McDonnell Douglas Corp. v. Green
  • Regents of the University of California v. Bakke
  • Griggs v. Duke Power (correct)

Which of the following is an example of indirect discrimination in employment?

  • Offering a higher salary to a man with the same qualifications as a woman in the same role.
  • Refusing to hire a qualified applicant because of their criminal record.
  • Requiring all employees to work overtime, even when it is not necessary for the job.
  • Advertising a job opening with a requirement that unfairly excludes certain groups. (correct)

What is the purpose of affirmative action in employment?

<p>To provide preferential treatment to members of historically disadvantaged groups. (D)</p> Signup and view all the answers

Which of the following employment decisions would be considered legal under the principle of 'job relatedness'?

<p>Requiring all job applicants to pass a written test that is closely related to the essential functions of the position. (C)</p> Signup and view all the answers

Which of the following is not considered a protected class under employment discrimination laws?

<p>Political affiliation (C)</p> Signup and view all the answers

How does the concept of 'job relatedness' apply to employment decisions involving protected classes?

<p>Employers must demonstrate that any employment requirements or practices that have a disproportionate impact on protected classes are directly related to the essential functions of the job. (C)</p> Signup and view all the answers

Which of the following is an example of a lawful affirmative action program in employment?

<p>Offering a higher starting salary to women and minorities with the same qualifications as white male applicants. (B)</p> Signup and view all the answers

How does the concept of 'job relatedness' impact the legality of employment testing and screening practices?

<p>Employers must ensure that any tests or screening practices that have a disproportionate impact on protected groups are directly related to the essential functions of the job. (B)</p> Signup and view all the answers

Which of the following would be considered a lawful employment decision under the principle of 'job relatedness'?

<p>Requiring all job applicants to pass a physical fitness test, even for desk jobs. (A)</p> Signup and view all the answers

Study Notes

Determining Employment Decision Legality

  • The court may investigate if a residency requirement is used to discriminate against minorities, even if it's not illegal.

Job Relatedness

  • Job relatedness refers to the extent to which a particular requirement is related to the skills, knowledge, and abilities needed to perform the job.
  • The Griggs vs Duke Power (1972) case established that job relatedness is a crucial factor in determining employment decision legality.

Reasonable Alternatives

  • If an employer proves a test is job related, the court will examine whether the employer looked for other valid selection tests that would have less adverse impact.
  • Examples of alternatives include education level or other cognitive ability tests that would be just as valid but have less adverse impact.

Affirmative Action

  • Affirmative action is the process of ensuring proportional representation of employees based on variables such as race and sex.

Religious Diversity

  • Employers must accommodate religious diversity, such as Jehovah's Witnesses not celebrating birthdays or nonreligious holidays.
  • Religious attire may conflict with required job uniforms, leading to potential religious discrimination complaints.

Employment Practices

  • Employment practices include hiring, training, firing, promoting, assigning employees to shifts, determining pay, disciplining, and scheduling vacations.
  • Any decision made by an employer has the potential for legal challenge.

Protected Class

  • A protected class is any group of people for whom protective legislation has been passed.

Race and Color Discrimination

  • Race discrimination involves treating someone unfavorably because of their race or personal characteristics associated with race.
  • Color discrimination involves treating someone unfavorably because of skin color complexion.

Direct Discrimination

  • Direct discrimination occurs when an employer openly discriminates against an individual based on their race or ethnicity, such as telling a candidate "you wouldn't fit in here".

Indirect Discrimination

  • Indirect discrimination occurs when an employer sets a requirement that disadvantages a particular group, such as requiring a "native English speaker" for a job, even if it's not explicitly discriminatory.

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Explore the legal implications of residency requirements in employment decisions, including the necessity of proving job relatedness to avoid discrimination. Understand how courts may scrutinize such requirements based on demographics of the population.

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