Title VII of the Civil Rights Act Flashcards

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)?

Executive agency responsible for enforcing Title VII. Signup and view all the answers

What did the Equal Employment Opportunity Act of 1972 do?

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

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

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

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

Made pregnancy discrimination a form of sex discrimination. Signup and view all the answers

What does the Americans with Disabilities Act of 1990 do?

Prohibits employment discrimination against the disabled. Signup and view all the answers

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

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

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

It resets after every discriminatory payment. Signup and view all the answers

What is a Retaliation Claim?

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

What constitutes 'Protected Activity' under Title VII?

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

What is a Disparate Impact Claim?

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

What is the definition of a Discrimination Claim?

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

What is a Hostile Work Environment Claim?

Claim alleging discrimination through coworker harassment. Signup and view all the answers

Who are the Title VII Excepted Organizations?

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

What is the Title VII Organizational Application?

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

What is the Title VII Statute of Limitations?

180 days. Signup and view all the answers

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

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

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

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

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

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

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

Guidelines for what creates a hostile work environment. Signup and view all the answers

What are the requirements for a Hostile Work Environment Claim?

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

What does the Meritor Standard require?

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

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

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

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

Employee must show intent to discriminate. Signup and view all the answers

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

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

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

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

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

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

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

Affirmative action does not generally violate Title VII. Signup and view all the answers

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

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

What is the 'Mixed Motive' Defense?

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

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

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

What is an example of a Religion BFOQ?

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

What is an example of an Age BFOQ?

Mandatory retirement ages for bus drivers and airline pilots. Signup and view all the answers

What is a Sex BFOQ?

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

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

Established the BFOQ defense under Title VII. Signup and view all the answers

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

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

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

Established the 'indirect method' for proving discriminatory intent. Signup and view all the answers

What is the McDonnell-Douglas Burden Shifting Framework?

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

What is the Direct Method of proving discrimination?

Providing compelling and straightforward evidence to prove discrimination. Signup and view all the answers

What does the After-acquired Evidence Doctrine state?

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

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

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

What is the Ministerial/Ecclesiastical Exception?

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

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

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

What does the Hosanna-Tabor Test include?

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

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

Employer policies that dissuade filing a Title VII claim count as retaliation. 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.

Legal Standards and Cases

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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Test your knowledge of Title VII of the Civil Rights Act of 1964 with this set of flashcards. Learn key definitions and concepts related to employment discrimination and protected groups. Perfect for students and professionals interested in civil rights law.