Ch 19 Blinn
color discrimination
Employment discrimination against a person because of his or her color.
Brightscreen Corporation, a technology company, is an employer with 800 employees. A group of Hindu employees requests one day off to observe Diwali, a religious holiday. Brightscreen agrees—with so many employees, it would likely not cause an undue hardship on the employer to get other workers to cover for one day. Brightscreen Corporation has made which of the following?
a reasonable accommodation for religion
Cheryl, a female employee at Big Business Corporation, applies for an open management position within the company. The person in charge of the hiring committee calls Cheryl into his office and tells her that he won't be promoting Cheryl because he's concerned that her menstrual cycle will negatively affect her ability to make important decisions. Big Business Corporation's refusal to promote Cheryl in this scenario is an example of which of the following types of discrimination?
gender discrimination
Lesbian, gay, bisexual, and transgender individuals may bring sex discrimination claims, such as when an employer takes an adverse action because of the person's nonconformance with sex stereotypes. This kind of discrimination is which of the following?
gender identity discrimination
Lewd remarks, offensive or sexually or racially oriented jokes, name calling, slurs, intimidation, ridicule, mockery, and insults or put-downs are examples of
harrasment
National origin discrimination
includes discrimination against employees or job applicants of a nationality (e.g., persons of Irish descent), against persons who come from a country (e.g., Iran), against persons of a certain culture (e.g., Hispanics), or against persons because of their accents.
The Equal Employment Opportunity Commission (EEOC)
is the federal agency responsible for enforcing most federal antidiscrimination laws. members of the EEOC are appointed by the U.S. president. The EEOC is empowered to conduct investigations, interpret the statutes, encourage conciliation between employees and employers, and bring suits to enforce the law.
Title VII of the Civil Rights Act of 1964 was enacted primarily to prohibit employment discrimination based on a person's ________
race and color
Steve, who is 56 years old, applies for an open position as superintendent at Crystal Springs Golf Course. Steve meets the job requirements of having a college degree and prior experience as a superintendent and is otherwise qualified for the job. However, the employer refuses to hire Steve because of his age and hires someone who is 30 for the job. In this scenario, Crystal Springs Golf Course has violated which of the following?
the age discrimination employment act
Which of the following imposes obligations on employers and providers of public transportation, telecommunications, and public accommodations to accommodate physically challenged individuals?
the americans with disabilities act
Both Leslie and Ron meet the educational requirements for a particular entry-level job. They are both hired as staff accountants by a company to perform exactly the same duties at their job. The company pays Ron a salary that is 15 percent higher than Leslie's salary. This action is a violation of which of the following?
the equal pay act
Melissa's mother has multiple sclerosis, a genetic disease. During a job interview, Melissa offhandedly mentions her mother's disease. The interviewer tells her manager about this fact, and the manager decides not to hire Melissa because they are afraid Melissa might contract her mother's illness, thus requiring her to take large periods of time off work for recovery and treatment. The interviewer and manager have violated which of the following?
the genetic information nondiscrimination act
When determining whether accommodations would impose ________, the EEOC and the courts consider factors such as the nature and cost of accommodation, the overall financial resources of the employer, and the employer's type of operation.
undue hardship
When determining whether accommodations would impose _________ , the EEOC and the courts consider factors such as the nature and cost of accommodation, the overall financial resources of the employer, and the employer's type of operation.
undue hardship
Bona Fide Occupational Qualification (BFOQ)
• DISCRIMINATION BASED ON PROTECTED CLASSES OTHER THAN RACE OR COLOR IS PERMITTED • MUST BE JOB RELATED AND A BUSINESS NECESSITY
example of disparate-impact discrimination
If an employer has a rule that all applicants for an executive position must be at least 5 feet 8 inches tall, this looks like a neutral rule because it applies to both males and females. However, because this rule is unrelated to the performance of an executive position and eliminates many more females than males from being hired or promoted to an executive position, it is disparate-impact sex discrimination, in violation of Title VII.
Which of the following is gender discrimination in employment that occurs where sexual favors are requested in order to obtain a job or be promoted?
Quid pro quo
The Equal Pay Act expressly provides four criteria that justify a differential in payment systems:
-Seniority -Merit (so long as there is some identifiable measurement standard) -Quantity or quality of product (i.e., commission, piecework, or quality- control-based payment systems are permitted) -"Any factor other than sex" (i.e., shift differentials, such as night versus day shifts).
A qualified individual with a disability is a person who can show that he or she has a disability in one of three ways:
1. A physical (physiological) or mental (psychological) impairment that substantially limits one or more major life activities, such as walking, talking, seeing, hearing, or learning. 2. A history of such impairment, such as cancer. 3. Regarded as having such impairment even if he or she does not have the impairment.
Example of lilly ledbetter act
A female is hired by an employer as an employee. During a 36-month period, the employer engages in pay act violations and underpays the female employee each pay period. In this example, the female employee has 180 days from the date of the last paycheck violation to file her claim. If she files the claim and the employer is found to have violated the law during the three-year period, the female employee can recover back pay for the two years preceding the date of the last paycheck violation.
disparate-treatment discrimination.
A form of discrimination that occurs when an employer discriminates against a specific individual because of his or her race, color, national origin, sex, or religion is called disparate-treatment discrimination. Note that this form of discrimination occurs when an employer treats a specific individual less favorably than others.
right to sue letter
A letter that is issued by the EEOC if it chooses not to bring an action against an employer that authorizes a complainant to sue the employer for employment discrimination
example of disparate- treatment discrimination
A member of a minority race applies for a promotion to a position advertised as available at his company. The minority applicant, who is qualified for the position, is rejected by the company, which hires a nonminority applicant for the position. The minority applicant sues under Title VII. He has a prima facie case of illegal discrimination. The burden of proof shifts to the employer to prove a nondiscriminatory reason for its decision. If the employer offers a reason, such as saying that the minority applicant lacked sufficient experience, the burden shifts back to the minority applicant to prove that this was just a pretext (i.e., not the real reason) for the employer's decision.
affirmative action
A policy designed to give special attention to or compensatory treatment for members of some previously disadvantaged group.
affirmative defense
A response to a plaintiff's claim that does not deny the plaintiff's facts but attacks the plaintiff's legal right to bring an action. An example is the running of the statute of limitations.
Americans with Disabilities Act (ADA)
Act addresses rights of individuals with disabilities in employment and public accommodations.
Disparate-impact discrimination
Disparate-impact discrimination is a form of discrimination that occurs when an employer discriminates against an entire protected class.
reverse discrimination
Discrimination against the majority group
quid pro quo sex discrimination
Gender discrimination in employment that occurs where sexual favors are requested in order to obtain a job or be promoted. This violates Title VII of the Civil Rights Act
Punitive Damages
Monetary damages that are awarded to a plaintiff to punish the defendant and teach others a lesson
Saundra, a 30-year-old college graduate, goes on a job interview for an open position at a company. The interviewer asks Saundra if she plans on having children and if that would affect her ability to come to work every day or to perform her duties. The interviewer is also concerned that having children would affect her ability to travel on company business. Saundra tells the interviewer that she has not decided whether she will have children yet. The company refuses to hire Susan because she is a woman who might have children. This is a violation of which of the following?
The pregnancy discrimination act
Civil Rights Act of 1964
This act made racial, religious, and sex discrimination by employers illegal and gave the government the power to enforce all laws governing civil rights, including desegregation of schools and public places.
The Age Discrimination in Employment Act (ADEA)
U.S. act that prohibits discrimination in the workplace on the basis of age.
undue hardship of Title I of the Americans with Disabilities Act
a problem great enough to prevent employer from providing accommodation to disabled
Which of the following refers to a person who can show that he or she has/is: 1. A physical (physiological) or mental (psychological) impairment that substantially limits one or more of his or her major life activities, such as walking, talking, seeing, hearing, or learning. 2. A history of such impairment, such as cancer. 3. Regarded as having such impairment even if he or she does not have the impairment?
a qualified individual for disability
retaliation
act of returning an injury or wrong
sexual orientation
an individual's romantic or sexual attraction to persons of the opposite sex or gender, the same sex or gender, both sexes or more than one gender, or lack of sexual attraction to others.
physiological impairment
any physical disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological, musculoskeletal, special sense organs, respiratory, cardiovascular, reproductive, digestive, genitourinary, hemic and lymphatic, skin, and endocrine.
If a light-skinned member of a race refuses to hire a dark-skinned member of the same race, this constitutes ______________ , in violation of Title VII.
color discrimination
SalesCorp Inc. has an opening for an executive position. SalesCorp Inc.'s job posting for the position includes a rule that all applicants must be at least 5 feet 10 inches tall. This looks like a neutral rule, because it applies to both males and females. However, height is unrelated to the performance of an executive position and eliminates many more females than males from being hired or promoted to an executive position. As a result, SalesCorp Inc.'s rule is an example of sex discrimination, in violation of Title VII.
disparate-impact
A form of discrimination that occurs when an employer discriminates against a specific individual because of his or her race, color, national origin, sex, or religion is called _________________discrimination.
disparate-treatment discrimination
Gender discrimination, also known as sex discrimination
employer treats a job applicant or employee unfavorably because of that person's sex.
Fair Employment Practices Commission
established to combat discrimination in industries that held government contracts.
osie Riveter is a woman hired by Large Business Corporation as an employee. During a 36-month period, Large Business Corporation engages in pay act violations and underpays Rosie each pay period. Rosie files a claim within 30 days after the date of the last paycheck violation. Large Business Corporation is found to have violated the law during the three-year period, so Rosie can recover back pay for the two years preceding the date of the last paycheck violation. In this scenario, Rosie was allowed to file her employment discrimination claim and receive back pay under which of the following?
lilly ledbetter fair pay act
Equal Pay Act
made it illegal for employers to pay female workers less than men for the same job
To be lawful, an affirmative action plan must be
narrowly tailored to achieve some compelling interest.
Employment discrimination against a person because of his or her heritage, cultural characteristics, or the country of the person's ancestors is called
national origin discrimination
disparate-impact discrimination
occurs when an employer discriminates against an entire protected class. Many disparate-impact cases are brought as class action lawsuits. This type of discrimination is often proven through statistical data about an employer's employment practices.
sex-plus discrimination
occurs when an employer does not discriminate against a class as a whole but treats a subset of the class differently
disparate-treatment discrimination
occurs when an employer treats a specific individual less favorably than others because of that person's race, color, national origin, sex, or religion.
gender identity
our sense of being male or female
Not covered by ADA
pregnant, on drugs, illness, sickness
Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA)
protects and grants benefits to persons in military
Bluegold Corporation has a job opening for its chief financial officer (CFO) position. The employer receives applications for this position from many persons, including Marvin McCoy, who is an African American. Marvin is the best-qualified applicant for the job. Marvin receives a job rejection via e-mail, but he is accidentally copied on a long e-mail chain. In the e-mail chain, one of the Bluegold employees who interviewed Marvin writes that he doesn't want to have one of "those people" in a management position, and others in the chain agree. Because Bluegold corporation chose not to hire McCoy because of his race, the company has engaged in , in violation of Title VII.
race discrimination
Halle was just hired by a new programming company. Halle uses a wheelchair for mobility. On her first week of work, Halle has trouble getting up to her office, which is on the 30th floor, because there is a lack of wheelchair ramps. Halle is reprimanded for her tardiness. The programming company has failed to provide which of the following?
reasonable accommodation for disability
____________- is an action taken by an employer against an employee for filing a charge of discrimination or participating in a discrimination proceeding against the employer (e.g., dismissal or demotion).
retaliation
You believe that you have been discriminated against in the workplace. You cannot immediately file a lawsuit against your employer, so you must first file a complaint with the EEOC. The EEOC agrees with you and finds a violation. The EEOC chooses not to bring suit. The EEOC then issues you a letter that gives you the right to sue your employer. What is this letter called?
right to sue letter
Bobby Newman is the manager at a new technology company. He's in the process of interviewing candidates for a new Program Manager position. When interviewing Lauren, he finds out that she has a young daughter. Bobby decides not to hire Lauren because he doesn't want to hire women with children because he thinks children are a distraction to working mothers. Bobby Newman is engaging in which of the following types of discrimination?
sex-plus
Lilly Ledbetter Fair Pay Act
statute that provides that each discriminatory pay decision restarts the statutory 180-day clock. Thus, a plaintiff can file a claim against an employer within 180 days of the most recent paycheck violation. The act provides that a court can award back pay for up to two years preceding the filing of the claim if similar violations occurred during the prior two-year period. The act applies to female and male plaintiffs.
harassment
supervisors and coworkers engage in conduct that is offensive because it is sexually, racially, ethnically, or religiously charged.
Undue Hardship
the EEOC and the courts consider factors such as the nature and cost of accommodation, the overall financial resources of the employer, and the employer's type of operation.
Which of the following is the federal administrative agency that is responsible for enforcing most federal antidiscrimination laws?
the Equal Employment Opportunity Commission (EEOC)
