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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?
What is the Equal Employment Opportunity Commission (EEOC)?
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What did the Equal Employment Opportunity Act of 1972 do?
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What significant change did the Age Discrimination in Employment Act of 1967 introduce?
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How did the Pregnancy Discrimination Act of 1978 affect Title VII?
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What does the Americans with Disabilities Act of 1990 do?
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What amendments were made by the Civil Rights Act of 1991?
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What does the Ledbetter Fair Pay Act of 2009 state about the 180-day period to sue?
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What is a Retaliation Claim?
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What constitutes 'Protected Activity' under Title VII?
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What is a Disparate Impact Claim?
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What is the definition of a Discrimination Claim?
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What is a Hostile Work Environment Claim?
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Who are the Title VII Excepted Organizations?
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What is the Title VII Organizational Application?
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What is the Title VII Statute of Limitations?
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What was the ruling in Ledbetter v. Goodyear Tire & Rubber Co. (2007)?
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What was decided in Meritor Savings Bank v. Vinson (1986)?
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What did Oncale v. Sundowner Offshore Services, Inc. (1998) conclude?
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What guidelines were established in Harris v. Forklift Systems, Inc. (1993)?
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What are the requirements for a Hostile Work Environment Claim?
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What does the Meritor Standard require?
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What did Griggs v. Duke Power Co. (1971) establish?
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What was held in Washington v. Davis (1976)?
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What did Christianburg Garment Co. v. EEOC (1978) rule?
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What did Price Waterhouse v. Hopkins (1989) determine?
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What was established in Bostock v. Clayton County (2020)?
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What was the decision made in United Steel Workers v. Weber (1979)?
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What was concluded in EEOC v. Abercrombie & Fitch Stores (2015)?
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What is the 'Mixed Motive' Defense?
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What is the Bona Fide Occupational Qualification (BFOQ) Defense?
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What is an example of a Religion BFOQ?
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What is an example of an Age BFOQ?
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What is a Sex BFOQ?
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What does the case Dothard v. Rawlinson (1977) establish?
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What was ruled in United Automobile Workers v. Johnson Controls, Inc. (1991)?
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What did McDonnell Douglas Corp. v. Green (1973) establish?
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What is the McDonnell-Douglas Burden Shifting Framework?
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What is the Direct Method of proving discrimination?
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What does the After-acquired Evidence Doctrine state?
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What did University of Texas Southwestern Medical Center v. Nassar (2013) determine regarding retaliation?
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What is the Ministerial/Ecclesiastical Exception?
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What test was established in Hosanna-Tabor Evangelical Lutheran Church v. EEOC (2012)?
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What does the Hosanna-Tabor Test include?
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What was determined in Burlington Northern & Santa Fe Railway v. White (2006) regarding employer policies?
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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.