Business Law ch43

ADA

An individual who has physical or mental impairments that substantively limit one or more life activities is considered disabled by what federal law?

Same-sex marriage

DOMA prevented what legal act in a particular state from being recognized in other states?

Back pay

If a plaintiff is successful with an EPA lawsuit, then the court will award what form of damages?

right to pursue a private action against the employer in federal court

If the EEOC decides not to prosecute a discrimination case, then it can issue a right to ______ letter that gives the employee the right to: _______.

conciliation

If the EEOC finds reasonable cause to believe that the employee has been discriminated against, it attempts to eliminate the discriminatory practice through ______, that is, by trying to negotiate a settlement between the two parties.

protected class disparate treatment

In a claim for _______, the employee must show she was hired, fired, or denied a promotion, on the basis of membership in a(n) _______.

employer business

In a suit for disparate treatment, the defendant (the _______) must articulate a legitimate, nondiscriminatory _______ reason for the action.

punitive compensatory

In cases of intentional violations of ADA, a successful plaintiff may receive: ______ and _______ damages.

establish the actions of employer which affect employment opportunities of a protected class

In order to prove a disparate impact case, an employee must: _______.

part of the workplace

In the Blakey v Continental Airlines case, the court stated that the company-created electronic bulletin board should be considered: _______.

reversed same-sex harassment is actionable under Title VII

In the Oncale v Sundowner (1998) case, the Supreme Court ______ lower court rulings holding that _______.

a customer repeatedly harasses an employee the employer is aware but does nothing

In very limited circumstances, employers may be held liable for harassment of their employees by nonemployees, such as: _______. (Choose TWO correct answer)

State

Laws that protect against discrimination based on sexual orientation in an employment relationship are made at what level of government?

DOMA

Section 2 of __________ allowed one state not to recognize a same-sex marriage or union from another state.

disabilities ADA

The goal of the _______ is to prevent employers from discriminating against employees and applicants with _______

she suffered intentional, unwanted discrimination because plaintiff's gender; management knew, or should have known, about the harassment, and did nothing to stop it the harassment was severe or pervasive

To prove hostile-environment sexual harassment claim, the plaintiff must demonstrate ALL of the following: ________. (Check ALL that apply)

False

True or false: Under NLRA, employers are prohibited from restraining the use of employees' social-media use for airing personal grievances.

Is regarded as having such an impairment Has a record of such impairment Has an impairment that substantially limits one or more major life activities

Under the ADA, a disabled individual is defined as a person who meets one of the following criteria: _______. (Choose ALL that apply)

substantially similar

Under the EPA, an employer is required not to discriminate in pay against a specific sex if the jobs performed are: _______.

executive age 65

Under the ______ exemption to the ADEA, an employee may be forced to retire at _______.

Section 2

Which section of DOMA allowed for one state to ignore a same-sex marriage or union that occurred in another state?

the size of the employer punitive

With Title VII discrimination cases, ______ damages can be awarded, but the amount of those damages are capped based on _______. (Choose TWO best answers)

The management of defendant's company

With hostile environment sexual harassment, who must know that the harassment is occurring for the lawsuit to be successful?

Hostile Race Religion

______ environment employment discrimination can also be used for discrimination based on _______ and _______. (Check ALL that apply)

Sexual Unwelcome

______ harassment covers _______ sexual advances or other conduct of a sexual nature that create an intimidating, hostile or offensive work environment.

Prima facie Presumption

______ is Latin for "at first view" and means that the evidence is sufficient to raise a(n) _______ that discrimination occurred.

Federal Minimum

______ laws provide the _______ protection afforded to workers in the United states.

Employment Quid pro quo

______ sexual harassment occurs when a supervisor makes a sexual demand as a term or condition of ______.

Disparate Intentional

______ treatment is _______ discrimination where the employee is treated differently based on being a member of a protected class.

Damages Two (2)

_______ under Title VII include up to ______ years of back pay.

Disparate impact Unintentional

_______, often referred to as _______ discrimination, occurs when an employer sets a requirement for employment that inadvertently precludes large numbers of a protected class from employment in a particular job.

qualification

A bona fide occupational ______ is necessary discrimination for the performance of a particular job.

for a business necessity

A defendant can avoid liability in a disparate impact discrimination case by claiming that the discrimination was: _______.

follows industry standards was setup to hire the best employees was not set to discriminate

A seniority system that is based on length of service may be valid if it: _______. (Choose THREE correct answers)

Back pay Punitive damages Reinstatement

A successful plaintiff in an ADA case might receive which forms of remedy? (Check all that apply.)

EEOC

The first step in a discrimination lawsuit is to file a complaint with the: _______.

content validity construct validity criterion-related validity

There are three types of validation testing allowed as part of the merit defense in Title VII discrimination cases, including all of the following: _______. (Check ALL that apply)

disparate treatment disparate impact

There are two ways to prove discrimination under Title VII________ _______ and _______ ________.

federal sexual orientation

There is no ______ law that prohibits discrimination on the basis of _______.

15 or more 20 consecutive

Title VII of the Civil Rights Act applies to employers who have ______ employees for _______ weeks within one year.

discrimination employment

Title VII of the Civil Rights Act prohibits ______ on the basis of race, color, religion, sex and national origin in an _______ setting.

ADEA reasonable inference

To prove a claim of discrimination for termination under the _____, the plaintiff must establish facts sufficient to create a _______ that age was a determining factor in the termination.

plaintiff had a disability singled her out

To prove a discrimination case under the ADA, the _______ must prove that she _______, and that her employment was impacted due to the employer _______ because of that disability. (Choose ALL that apply)

True

True or false: Same-sex harassment was officially covered by Title VII after the Supreme Court heard the case of Oncale v. Sundowner Offshore Services, Inc.

DOMA

is a federal law that allowed one state to not recognize a same-sex marriage or union from another state.

15

How many employees must a company have in order to have Title VII apply to them?

back pay intentional

If a plaintiff is successful with an EPA lawsuit, then the court will award _______ if the offense was _______.

intentional back pay

If a plaintiff is successful with an EPA lawsuit, then the court will award _______ if the offense was _______.

exception illegal

The _______ to the employee at-will doctrine is that an employer can not fire an employee for any ______ reason.

Reinstatement Punitive damages Back pay

A successful plaintiff in an ADA case might receive which forms of remedy? (Check all that apply.)

at-will terminate

A(n) ______ employee can ______ the employment relationship at any time and for any reason.

impact necessity

An employer can defend against a disparate _______ charge by claiming the behavior was a business ______.

Equal Pay one sex

The giving of extra duties may invoke a violation of the _____ Act if all of the extra duties were given to _______.

amount the plaintiff earned since the discriminatory act the amount of money that would have been earned had the discriminatory act never occurred

Back pay is the difference between the ______ and _______. (Choose TWO best answers)

ADA disabilities

The goal of the _______ is to prevent employers from discriminating against employees and applicants with _______

40

The Age Discrimination in Employment Act prohibits discrimination against workers aged ______ or older based on their age.

any harassment occurring on an online bulletin board sexual harassment training by company establishing written clear workplace policies

The Blakey v Continental Airlines case shows that employers may have a duty to monitor company-created electronic media to determine whether there is: _______. (Choose ALL that apply)

employment explicitly implicitly

The EEOC defines sexual harassment as "unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature" that either _______ or ______ makes submission a term or condition of _______. (Choose THREE correct answers)

plaintiff impact

The ______ (the employee) proves a case based on disparate _______ by establishing that the employer's conduct disproportionatiety affects employment opportunities for a protected class.

Pregnancy Illegal Childbirth

The ______ Discrimination Act of 1987 made it _______ to discriminate on the basis of _______ or pregnancy. (Choose THREE correct answers)

Equal the jobs are similar

The ______ Pay Act is a federal law that makes it illegal to pay one gender more than another gender if _______.

reasonable cause EEOC

The ______ can prosecute an employment discrimination claim if they find there is ________ to believe that the employee was discriminated against in violation of Title VII of the Civil Rights Act.

merit test scores

The ______ defense to a Title VII discrimination claim is based on the concept that employment decisions are partially made based on _______ that are not intended to discriminate.

NLRA work-related conversations

The _______ protects the rights of employees to act together to address conditions at work, with or without a union, including _______ posted on social media, such as Facebook and Twitter.

Equal Pay

The defenses to a(n) ______ Act claim include having a bona fide seniority system, a pay system based on quality or quantity of output, or a bona fide merit system.

charge EEOC

The first step in initiating a Title VII lawsuit is filing a(n) ______ with a state agency that handles discrimination matters or with the ______.

prima facie employee

The first step in proving disparate-treatment is for the plaintiff (the _______) to make a(n)______ case of discrimination.

The plaintiff was otherwise qualified for the job. The plaintiff had a disability. The plaintiff was excluded from the job solely because of his or her disability.

What are the required elements to prove an ADA claim? (Check all that apply)

The employee must prove a prima facie case of discrimination. The employee must show that the reason given by defendant is nothing but a pretext. The defendant must articulate a business reason for the discrimination.

What are the steps to proving a Title VII disparate treatment lawsuit? (Check all that apply.)

Criterion-related validity Content validity Construct validity

What are the valid forms of testing allowed under the merit defense in a Title VII employment discrimination case? (Check all that apply.)

Disparate impact Disparate treatment

What are the ways to prove discrimination under Title VII of the Civil Rights Act? (Check all that apply.)

Merit defense

What defense to a Title VII discrimination action indicates that employment decisions were at least partially made based on test scores designed not to be discriminatory?

The location and nationality of management The nationality of shareholders The location of the principal place of business

What factors determine if a corporation will be subject to American employment laws? (Check all that apply)

Title VII of the Civil Rights Act

What federal act prohibits discrimination in an employment setting?

ADA

What federal law makes it illegal to discriminate against an employee based on a disability?

ADEA

What federal law makes it illegal to discriminate against workers 40 or over based on their age?

Pregnancy Discrimination Act

What federal law makes it illegal to discriminate based on bearing a child?

EPA

What federal law would make it illegal to give extra duties to just one gender?

Prima facie

What is the Latin term for when the evidence is sufficient to raise the presumption that discrimination has occurred?

The employer may not fire the employee for illegal reasons.

What is the exception to the employment at-will doctrine?

EPA

What is the law that says that an employer must not discriminate in pay against a specific sex if work performed is similar?

At-will employment

What is the term for an employment relationship where an employer or employee can terminate the relationship at any time and for any reason?

Disparate treatment

What is the term for intentional discrimination where an employer treats an employee differently based on being a member of a protected class?

Right-to-sue letter

What is the term for the document issued by the EEOC that gives an employee the right to bring a case against an employer in federal court?

Executive exemption

What is the term for the exemption to the ADEA that allows a company to force an executive to retire at 65?

Seniority system

What is the term for the system that is based on preference given to employees determined by length of service and is used as a defense to Title VII discrimination?

Disparate impact

What is the term for unintentional discrimination where an employer's actions have caused a large number of employees in a protected class to be harmed?

BFOQ

What is the term that describes necessary discrimination in order for a particular job to be performed?

Quid pro quo

What is the term that describes when a manager makes a sexual demand that is perceived as a term or condition of employment?

Punitive damages Compensatory damages Two years of back pay

What kind of damages can an employee receive under a Title VII Civil Rights claim? (Check all that apply.)

Back pay

What type of damage in Title VII cases involves the pay that an employee lost due to the discriminatory act?

Punitive

What type of damages in Title VII discrimination cases are capped?

Federal laws

What type of laws provide the minimum protection for all workers in the United States?

National origin Race Gender

When an employee has been discriminated against, in order to sue for disparate treatment, he or she must be a member of which protected group? (Check all that apply.)

location of management the nationality of the shareholders the company's principal place of business

Whether U.S. employment law applies overseas to American companies is based on several factors, including: _______. (Choose ALL that apply)

A seniority system is in place. A pay system is based on production. A merit system is in place.

Which of the following are valid defenses to the Equal Pay Act? (Check all that apply.)