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Title VII of the Civil Rights Act Flashcards
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Title VII of the Civil Rights Act Flashcards

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Questions and Answers

What is Title VII of the Civil Rights Act of 1964?

Section of the CRA that bars employment discrimination based on membership in a protected group/class.

What does 42 USC § 2000 refer to?

Title VII in the US Code.

Which of the following are considered 'Protected Groups' under Title VII?

  • National Origin (correct)
  • Color (correct)
  • Race (correct)
  • Gender Identity
  • What is the Equal Employment Opportunity Commission (EEOC)?

    <p>Executive agency responsible for enforcing Title VII.</p> Signup and view all the answers

    What did the Equal Employment Opportunity Act of 1972 do?

    <p>Amended Title VII to allow the EEOC to sue on behalf of plaintiffs.</p> Signup and view all the answers

    What significant change did the Age Discrimination in Employment Act of 1967 introduce?

    <p>Included 'age' as a protected group under Title VII for those under 40.</p> Signup and view all the answers

    How did the Pregnancy Discrimination Act of 1978 affect Title VII?

    <p>Made pregnancy discrimination a form of sex discrimination.</p> Signup and view all the answers

    What does the Americans with Disabilities Act of 1990 do?

    <p>Prohibits employment discrimination against the disabled.</p> Signup and view all the answers

    What amendments were made by the Civil Rights Act of 1991?

    <p>Expanded damages available to plaintiffs, codified disparate impact claims.</p> Signup and view all the answers

    What does the Ledbetter Fair Pay Act of 2009 state about the 180-day period to sue?

    <p>It resets after every discriminatory payment.</p> Signup and view all the answers

    What is a Retaliation Claim?

    <p>Claim arising when an employee is retaliated against for engaging in a protected activity under Title VII.</p> Signup and view all the answers

    What constitutes 'Protected Activity' under Title VII?

    <p>Filing a complaint with the EEOC or testifying in an EEOC proceeding.</p> Signup and view all the answers

    What is a Disparate Impact Claim?

    <p>Claim arising from a seemingly neutral policy that disproportionately affects a protected group.</p> Signup and view all the answers

    What is the definition of a Discrimination Claim?

    <p>Claim arising when an employer discriminates against an employee based on protected group membership.</p> Signup and view all the answers

    What is a Hostile Work Environment Claim?

    <p>Claim alleging discrimination through coworker harassment.</p> Signup and view all the answers

    Who are the Title VII Excepted Organizations?

    <p>Federal government, federally recognized Native American tribes, religious organizations, nonprofit organizations.</p> Signup and view all the answers

    What is the Title VII Organizational Application?

    <p>Employers with more than 15 employees for more than 40 days in a calendar year.</p> Signup and view all the answers

    What is the Title VII Statute of Limitations?

    <p>180 days.</p> Signup and view all the answers

    What was the ruling in Ledbetter v. Goodyear Tire & Rubber Co. (2007)?

    <p>Employee has 180 days from the first discriminatory check to file suit.</p> Signup and view all the answers

    What was decided in Meritor Savings Bank v. Vinson (1986)?

    <p>A 'hostile work environment' is an actionable claim.</p> Signup and view all the answers

    What did Oncale v. Sundowner Offshore Services, Inc. (1998) conclude?

    <p>Same-sex sexual harassment is barred under Title VII.</p> Signup and view all the answers

    What guidelines were established in Harris v. Forklift Systems, Inc. (1993)?

    <p>Guidelines for what creates a hostile work environment.</p> Signup and view all the answers

    What are the requirements for a Hostile Work Environment Claim?

    <p>Involves membership in a protected group and severe unwelcome harassment.</p> Signup and view all the answers

    What does the Meritor Standard require?

    <p>An objectionable environment must be both objectively and subjectively severe.</p> Signup and view all the answers

    What did Griggs v. Duke Power Co. (1971) establish?

    <p>Disparate impact as a viable theory to sue under Title VII.</p> Signup and view all the answers

    What was held in Washington v. Davis (1976)?

    <p>Employee must show intent to discriminate.</p> Signup and view all the answers

    What did Christianburg Garment Co. v. EEOC (1978) rule?

    <p>A losing plaintiff need not pay attorney's fees unless the claim is frivolous.</p> Signup and view all the answers

    What did Price Waterhouse v. Hopkins (1989) determine?

    <p>Sexual stereotyping is a form of sexual discrimination under Title VII.</p> Signup and view all the answers

    What was established in Bostock v. Clayton County (2020)?

    <p>Discrimination based on sexual orientation and gender are forms of sexual stereotyping.</p> Signup and view all the answers

    What was the decision made in United Steel Workers v. Weber (1979)?

    <p>Affirmative action does not generally violate Title VII.</p> Signup and view all the answers

    What was concluded in EEOC v. Abercrombie & Fitch Stores (2015)?

    <p>Employer need not be on actual notice of an employee's membership in a protected group.</p> Signup and view all the answers

    What is the 'Mixed Motive' Defense?

    <p>Employer can prove adverse action would have occurred without discriminatory motive.</p> Signup and view all the answers

    What is the Bona Fide Occupational Qualification (BFOQ) Defense?

    <p>Employer can discriminate if membership in protected group disqualifies them.</p> Signup and view all the answers

    What is an example of a Religion BFOQ?

    <p>Requiring a religious school teacher to be of a certain religion.</p> Signup and view all the answers

    What is an example of an Age BFOQ?

    <p>Mandatory retirement ages for bus drivers and airline pilots.</p> Signup and view all the answers

    What is a Sex BFOQ?

    <p>Strength requirements for hazardous jobs, such as firefighters.</p> Signup and view all the answers

    What does the case Dothard v. Rawlinson (1977) establish?

    <p>Established the BFOQ defense under Title VII.</p> Signup and view all the answers

    What was ruled in United Automobile Workers v. Johnson Controls, Inc. (1991)?

    <p>Discrimination based on familial status is not barred under Title VII.</p> Signup and view all the answers

    What did McDonnell Douglas Corp. v. Green (1973) establish?

    <p>Established the 'indirect method' for proving discriminatory intent.</p> Signup and view all the answers

    What is the McDonnell-Douglas Burden Shifting Framework?

    <p>(1) Employee proves prima facie case, (2) employer provides non-discriminatory reason, (3) employee proves pretext.</p> Signup and view all the answers

    What is the Direct Method of proving discrimination?

    <p>Providing compelling and straightforward evidence to prove discrimination.</p> Signup and view all the answers

    What does the After-acquired Evidence Doctrine state?

    <p>Evidence discovered post-discrimination cannot justify adverse action.</p> Signup and view all the answers

    What did University of Texas Southwestern Medical Center v. Nassar (2013) determine regarding retaliation?

    <p>Plaintiff must prove protected activity was a but-for cause of adverse action.</p> Signup and view all the answers

    What is the Ministerial/Ecclesiastical Exception?

    <p>Religious employers may discriminate based on protected group if employee is a minister.</p> Signup and view all the answers

    What test was established in Hosanna-Tabor Evangelical Lutheran Church v. EEOC (2012)?

    <p>Test for determining if an employee is considered a 'minister' under Title VII.</p> Signup and view all the answers

    What does the Hosanna-Tabor Test include?

    <p>(1) Whether the employer held the employee out as a minister, (2) significant religious training required.</p> Signup and view all the answers

    What was determined in Burlington Northern & Santa Fe Railway v. White (2006) regarding employer policies?

    <p>Employer policies that dissuade filing a Title VII claim count as retaliation.</p> Signup and view all the answers

    Study Notes

    Title VII of the Civil Rights Act of 1964

    • Enacted to prohibit employment discrimination based on membership in protected groups: race, color, religion, sex, national origin, or age.
    • Governed by 42 USC § 2000 as a key legislative framework.

    Protected Groups

    • Defined categories include race, color, religion, sex, national origin, and age (specific to those under 40).

    Equal Employment Opportunity Commission (EEOC)

    • Federal agency enforcing Title VII, providing legal advice to plaintiffs and suing employers on behalf of employees.

    Significant Amendments

    • Equal Employment Opportunity Act of 1972: Empowered the EEOC to litigate on behalf of employees.
    • Age Discrimination in Employment Act of 1967: Added age as a protected category.
    • Pregnancy Discrimination Act of 1978: Classified pregnancy discrimination as sex discrimination.
    • Americans with Disabilities Act of 1990: Extended protections against discrimination based on disabilities.
    • Civil Rights Act of 1991: Increased damage awards and introduced jury trials into Title VII claims.
    • Ledbetter Fair Pay Act of 2009: Reset the time limit to file wage discrimination claims with each paycheck received.

    Types of Claims Under Title VII

    • Retaliation Claim: Occurs when an employer punishes an employee for engaging in protected activities like filing complaints.
    • Disparate Impact Claim: Arises from neutral policies that disproportionately affect a protected group.
    • Discrimination Claim: Involves adverse employment actions against employees due to their protected status.
    • Hostile Work Environment Claim: Related to harassment that undermines an employee's work conditions.
    • Meritor Savings Bank v. Vinson (1986): Recognized hostile work environments as actionable claims.
    • Oncale v. Sundowner Offshore Services, Inc. (1998): Affirmed that same-sex harassment is prohibited.
    • Harris v. Forklift Systems, Inc. (1993): Established guidelines for hostile work environment claims.

    BFOQ (Bona Fide Occupational Qualification) Defense

    • Allows for discrimination if membership in a protected group is essential for a job (e.g., gender-specific roles).
    • Specific BFOQs include age (e.g., bus drivers), religion (for religious school teachers), and race (in artistic contexts).

    Frameworks for Proving Discrimination

    • McDonnell Douglas Burden Shifting Framework: Process of establishing a discrimination claim and shifting burden between parties.
    • Direct Method: Utilizing clear evidence to demonstrate discrimination.

    Important Case Law

    • Griggs v. Duke Power Co. (1971): Established disparate impact as a valid legal theory under Title VII.
    • Price Waterhouse v. Hopkins (1989): Introduced mixed motive defenses in discrimination claims.
    • Bostock v. Clayton County (2020): Expanded protections to include discrimination based on sexual orientation and gender identity.

    Retaliation and Employer Responsibilities

    • Burlington Northern & Santa Fe Railway v. White (2006): Defined dissuading actions as forms of retaliation.
    • After-acquired Evidence Doctrine: Employers cannot use evidence discovered post-discrimination to justify actions taken before.

    Special Considerations

    • Ministerial Exception: Allows religious organizations to make employment decisions based on religious criteria.
    • Hosanna-Tabor Test: Criteria for determining whether an employee qualifies as a "minister" under Title VII.

    Title VII Application and Limitations

    • Applicable to employers with over 15 employees employed for 40 days in a calendar year.
    • Statute of limitations for filing claims is 180 days from the discrimination incident.

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