Chapter 8 - Equal Employment Opportunity

employment nondiscrimination act (ENDA)

a bill has been reintroduced in every congress that forbids employment discrimination based on sexual orientation and gender identity but hasn't been enacted by congress

EEOC

according to who "a reasonable accommodation is any change in work environment (or way things are done) to help person w/disability apply for job, perform duties, or enjoy benefits and privileges of employment

90

adea lawsuits must be filed within how many days following a right to sue letter?a

schmidt

although mandala complained to who about coffee, she dint complain to supervisor about other incidents -mandel used profanity and sent emails containing sexual humor and called bashert gay as a joke interference to jealous husbands who claimed bashert made advances to their wives -she never was disciplined during employment

probative value

an example of this is that the employer might show that its workforce has experienced little turnover and little expansion since effective date of title 7 -employer might offer nondiscriminatory explanation for stat disparity

no - they don't really need it

are individuals who are covered only under regarded as part of definition of disability entitled to reasonable accommodations

state level

at which level, the answer to the question of whether employment discrimination of sexual orientation and gender identity is unlawful is compliacted -some forbid both, some forbid sexual orientation only -some don't have legislation forbid either type but governor signed exec orders

federal level

at which level, there isn't a statue forbidding sexual orientation and gender identity discrimination in employment

respondent superior liability

basis of employer's liability for a hostile work enviormnet claim depends on whether harasser is the victim supervisor or worker -district court concluded that mandel failed to establish hostile work environment so didn't read question of employer laibility -inadequate record on appeal from which to determine whether this exists -we reserve and remand for further proceedings on hostile work claim, we leave the issue to district court to determine on remand

1. criterion validity 2. content validity 3. construct validity

burden then shifts to the user of the test to validate the test by 1 of 3 methods

the district court

who summarized the alleged incidents and concluded that none of the alleged incidents is sufficiently severe to establish a hostile work environment -suggests that It improperly parsed (examine closely) out each event and viewed them separately rather than as whole -on remand (when trial is adjourned), disctrict court must consider totality of circumstance rather than parse out individually to determine whether acts that collectively form the continuing violation are severe or pervasive

impact

english only language rules have a disparate treatment or impact on national origin -EEOC guidelines state that employer that requires english to be spoken at all times violates title 7 and they will closely scrutinize

title 7

epa or title 7 has been interpreted to implicitly incorporate the other's affirmative defense in compensation discrimination cases?

mixed motive cases

evidence may show that both discriminatory and legit reasons contribute to defendant action -defendant may claim that it would have taken the same action even if plaintiff hadn't been member of protected class -as long as plaintiff proves that membership in protected class was motivating factor, defendant is liable (even tho other factors also motivated the practice)

no, yes

ex: employer who pays truck drivers more than secretaries bc truck drivers are male and secretary are female does it violate EPA, what about violate title 7?

reasonable accomodation

examples of what include -modifying facility, equipment examination, other job requirements of working conditions -duty to accommodate may involve providing readers/ interpreters or restructuring jobs

1. bona fide occupational qualifications 2. professionally developed ability tests 3. bona fide seniority systems

federal law contain variety of exceptions to prohibition against discrimiantino 3 most common are:

supervisor

if a harasser is what, the employer is strictly or automatically liable if harassment results in tangible negative employment action (lack of raise or promotion or termination of employment)

general popultion

if a job requires little specialized skill then what population would provide appropriate basis of comparison.

quota

if contractor is required by law to meet the goals, they become goals or quotas?

qualified

if job is highly specialized, the relevant labor market must be restricted to those who are qualified ex: workforce of an employer charged w/discrimination in hiring messengers may be compared to the general population whereas the workforce of an employer charged w/discriminating in hiring CPA must be compared to CPAs generally

1. employer exercised reasonable care to try to prevent/correct any harassing behavior 2. that employee unreasonably failed to take advantage of preventive or corrective opportunity provided by employer

if no negative action is taken the employer may avoid liability by establishing affirmative defense that (2 things)

reasonable cause

if the eeoc finds this, it issues a determination letter -eeoc attempts to conciliate (resolve) dispute and if these efforts fail then it issues a right to sue letter

coworker

if the harasser is a what, the employer is liable only if it was negligent in controlling the working conditions, same goes with non employee harassers like customers or independent contractors (employer has control over when they are on employer promise)

no

if the programs are informal, don't regularly result in promotion to the position being trained for and appear to be geared more to employer's needs than to actual training are they likely to survive scrutiny?

defendant

in a disparate impact case, who may avoid liability by proving that the practice is job related and consistent w/busines necessity -this person may still be liable if plaintiff can prove there was less discriminatory practice available to meet defendant needs (not in desparate treatment cases)

plaintiff

in a disparate impact case, who must prove that the challenged practice disqualifies a protected class at a significantly greater rate than the majority class

defendant's motive

in a disparate treatment case, what is the focus on?

special topics in equal employment oppourtunity

in addition to basic types of discrimination, employers face special problems with dealing with affirmative action/workplace harassment -employers must handle issues that are peculiar to sex, sexual orientation, gender identity, religion, national origin, age, disability, and genetic info discrimination

90 days

in all cases, a suit must be field within how many days after receipt of the right to sue letter?

conway

who testified in his deposition that other than giving each employee copy of handbook, no training regarding discrimination/sexual harassment

eeoc

who's enforcement policy is that discrimination against a transgender individual is discrimination on the basis of sex

declarative relief, certain types of injunctive relief, attorney fees, costs

in mixed motive case: the defendant can avoid remedy of damage, reinstatement, hiring, promotion, back pay IF prove that it would have reached same decision without considering the plaintiff protected class status -defendant would only be liable for

sexual orientation and gender identity

legal state of employment discrimination on basis of these is in state of flux -the question whether employer can discriminate on basis of this depends

mitigating factors

medication prosthetics hearing aids shall not be considered in determining whether someone has a disability ex: employer can't conclude that just bc someone has hearing aid that they aren't disabled

false - it is

name calling is not an example of national origin harassment

pretext (excuse)

once defendant provides explanation, plaintiff must prove that the explanation is really a pretext for discrimination -plaintiff may attempt to show that defendant rationale lacks credibility, that rationale wasn't uniformly applied, or statistics indicate general practice of discrimination by defendant

genetic info nondiscrimination act (GINA)

prhobiti employer from discriminating on basis of this -restrict collection and disclosure of genetic info -extends to applicant employee and fam mebmers

concept of discrimination

regardless of which protected class/ statue involved, this concept is basically the same -discriminatino in employment decision is illegal -includes hiring, firing, promotion, job assignment, training program, compesnation

disparate treatment

results when employer union or employment agency treats 1 employee less favorably than another bc race, sex, religion, national origin, age, disability -intentional discrimination

1. bona fide seniority and merit systems 2. earnings based on quantity or quality of output 3. factors other than sex

several exceptions to the equal work equal pay standard (3)

compensation

sex discrimination in this violates title 7 and equal pay act of 1963 (EPA)

roth, circuit judge court of appeals opinion

shannon was hired as sales and customer relations coordinator which manufacturer and sells packaging film -mandel said throughout employment she was sexually harassed/discriminated against by male manager supervisor owner in alleged incidents such as being referred to as "woman, darling the woman fluffy missy hon toots" - having clothing body and physical appearance commented on "foolish not to use her assets" -from systems manager david when she asked for directions "for you the meeting will be at my house tonight and include it tomorrow" -or quality manager harold brennaman that he fantasized about her while he was having sex with his wife -in a review by managing director michael schmalz that she was "too female and emotional" -soliciated fro dates by VP of sales after telling him no -being told to clean bathroom and make coffee when males weren't asked -being paid less and less vacation time

bona fide occupational qualifications

statutory exception to employment practices that might otherwise violate title 7 or age discrimination in employment act -allows employer to discriminate in hiring where religion, national origin, sex, age is bona fide occupational qualification reasonably necessary to normal operation of business

circumstantial evidence

strong this of intentional discrimination is provided by statistical comparison between the percentage of minorities in the employer's work force and the percentage

corning glass v brennan

supreme court considered whether differences between day and night shift were sufficient to justify paying male night shift employee more than female day shift employees -court rejected employer argument that difff shift constitute diff working conditions, noting that glass industry working conditions didn't usually refer to time of day during which work was performed

earnings based on quantity or quality of output

systems in which employer are paid according to individual production piece rate are immunized from liability by this exception

broad

the ADA states that this definition of disability shall be construed in favor of broad or narrow coverage of individuals to the maximum extent permitted by the statue

1. bfoq 2. bona fide seniority system

the ADEA contain which 2 exceptions -in addition, it excepts employment decisions based on reasonable factors other than age and discharges for cause

bona fide employee benefit plans

the ADEA excepts these that aren't subterfuges (trickery) to avoid the act -exception only applies where employers reduce benefits to older worker to offset increased cost of benefits as employees age ex: employers may reduce life insurance benefit based on age -difficult to distinguish between age and other characteristics correlated with age

narrowly

the bfoq is interpreted widely or narrowly and the employer bears a heavy burden of proof -employer must prove that discrimination is necessary not convenient

disability

the definition of this under ADA means an individual with -phsyical or mental impairment that substantially limits one or more major life activities of indiviudal -record of such impairment -being regarded as having such impairment

right to sue letter

the eeoc notice that gives individuals right to file title 7 or ada lawsuit and individuals cant before that?

4

the first how many elements establish hostile work environment and #5 determines employer liability

1

the parties don't dispute district court finding that mandel satisfied 1st element bc she presented sufficient evidence from which reasonable jury could infer that the alleged harassment was based on her sex

factual

the ultimate issue is an opinionated or factual one: is defendant's apparently valid reason really a cover up for intentional discrimination?

major life activities

these activities include caring for oneself, performing manual tasks, seeing, hearing, sleeping, walking standing lifting bending speaking breathing learning reading concentrating thinking communicating and working -includes operation of major bodily function (immune system digestive bowel bladder brain respiratory circulatory endocrine and reproductive system

protected class

these categories is known as the __________ -race, sex, sexual orientation, gender identity, religion, national origin, age, veteran status, genetic info, disability -these categories are all of illegal discrimination

pay differential based on seniority and merit systems

these differentials are justified provided that the policy is uniformly applied

factors other than sex

these immunize other legitimate bases for wage disparities -ex: although shift differential results in unequal pay for equal work under same condition, the inequity may be justified bc it arises from factor other than sex

mandel v m and q packaging corp

this case is about harassment -shannan mandel sued m and q packaging corp alleging sexual harassment in violation of title 7 civil rights act -disctrict court ordered summary judgment in favor of m and q -mandel appealed to US court of appeal 3rd circuit which reversed district court order reagradig her sexual harassment claim

age discrimination in employment acts (ADEA)

this covers employers w/20 or more employee, employment agency, unions with 25 or more members or operate in hiring halls -prohibits age discrimatinon against 40 or over

employer liability

this depends on the status of the harasser -also known as respondent superior liability or vicarious liabiltiy

harassment

this doesnt per se violate title 7 -if its discriminatory it can violate title 7 -ex: employee who is required to have sexual relations with a supervisor to secure employment is subjected to conditions that aren't imposed on employees of the opposite sex (employee who is promoted as a reward for having sexual relations with supervisor is given opportunity that employees of other sex don't have)

criterion validity

this establishes a statistical relationship between performance on the test and objective indicator of job performance -established by study comparing test scores to specified measure of performance ex: if study showed that statistically significant correlation existed between GMAT scores and grades in MBA program then GMAT exam would be this

construct validity

this establishes that the test indicates a phsycological trait required for the job ex: test indicating leadership ability is this for a police commander

content validity

this establishes that the test representatively samples a function of the job ex: word processing test for a word processor is this

executive order 11246

this executive order administered by office of federal contract compliance requires that gov contractors take affirmative action to ensure that their employees are hired and promoted on non discriminatory basis -all fed contractor/subcontractor who do more than $10,000 in business with the federal gov in 1 year must not discriminate in employment on the basis of race, color, religion sex, sexual orientation, gender identity, or national origin -also requires fed gov contractors to take affirmative action to ensure that equal opportunity is provided in employment

eeoc

this group which enforce GINA says "employer may never use genetic info to make employment decision bc genetic info isn't relevant individual current ability to work

sexual discrimination

this in employment isn't a new phenomenon -concepts of men's work and women's work have been ingrained in society since civilization began -today, sex roles are changing yet the notion of gender based jobs remains threat to freedom of work regardless of sex

title 7

this in the civil rights act that prohibits discrimination in employment on the basis of race, color, religion, national origin, or sex -broadest federal statue regulating employment practices -one of several major sources of federal equal employment regulation

unlawful national origin discrimiation

this includes discrimination directed at individuals bc they are married or associated w/persons or groups of a national origin

teamsters v united state

this is a supreme court held that a seniority system can be bona fide even tho it perpetuates the effects of pre act discrimination -seniority system is bona fide where it applies equally to all employees regardless of membership in protected class and wasn't established or maintained for purpose of discriminating and operations rationally in accord with practices in the industry

sex plus discrimination

this is another type of disparate treatment: conduct is illegal even if employer doesnt discriminate (double standard for members of a protected classs) ex: an employer whose workforce is mostly female acts illegally if refuses to hire women w/preschool children but hires men w/preschool children

standard deviation

this is derived from the bell curve -frequency of all possible random outcomes -measures probability that a given result occurred by chance -if 2 to 3 less than expected value, we are 96% sure that the hiring didn't occur randomly so court infers that employer committed intentional discrimination

rebut

this is how employer faced w/stat proof can accept or rebut inference 1. argued stat comparison isn't valid bc plaintiff failed to select appropriate relevant labor market (depends on skill required for job) 2. employer's location may also influence composition of relevant labor market (coming partners may be significant to employer in city or suburb) 3. probative value

differ

this is how title 7, ada, adea are the same of different in their timing title 7/ada: charge must be filed with eeoc within 180 days of discriminatory act if arises in state that onset have antidiscrimatino agency -if has this agency, charge must be filed first here and then filed with eeoc after state agency has had it for 60 days or terminated proceeding (whichever comes first) then 30 days after discriminatory act

sexual harassment

this is unwelcome sexual conduct that is a term or condition of employment

genetic info

this means info about individual genetic test or test of family members or manifestation of disease or disorder in person family members

motive

this must be inferred from a defendant's conduct in view of the surrounding circumstance

plaintiff

this person may prove disparate treatment with direct evidence of a discriminatory motive ex: employer sent rejection letter to female applicant stating "you're well qualified but this is a man's job"

epa

this prohibits differences in pay between the sexes for employees who are performing work that requires equal skill, effort, responsibility and is performed under similar working conditions -if one worker is paid at higher rate than members of opposite sex doing same work, violation of act

american with disability act (ADA)

this prohibits discrimination against a qualified individual on the basis of disability -employer can't treat qualified individual w/disabilty unfavorably bc of individual disaiblity

immigration reform and control act (IRCA)

this prohibits employers from hiring illegal aliens -requires employers to verify residence/citizenship status of every employee -this makes it illegal for employer to discriminate in employment against someone who isn't illegal alien on basis o that individual's citizenship/immigration status

affirmative action

this raise in two settings 1. employers might voluntarily adopt this plan to give preference to minority employee 2. after finding the employer has discriminated against minority, court might require employer to take this -white or males may argue that this discriminates against them

federal government program

this requires that acceptable affirmative action plan w/realistic goals and timetables be prepared by each contractor or subcontractor -employer must preform utilization analysis (including evaluation of size of minority/female population and labor force in area) and the available training programs and facilities -then employer must identify deficiency in workforce and establish attainable goals for correcting and eliminating those deficiencies along with timetables and methods for achieving the goals

equal

this term doesnt require that the work of men and women employees be identical but substantially equal to justify equal pay -small difference in job description don't make jobs so unequal as to justify higher pay scale for one sex

religion

this term encompasses traditional ones include judaism catholicism protestantism and islam but is braoder -includes moral or ethical beliefs that are sincerely held with strength of traditional religious views -includes atheism and agnosticism under title 7

quid pro quo

this type of harassment is where job benefits are exchanged for sexual favors (date me or lose your job)

hostile environment harassment

this type of harassment is where unwelcome sexual conduct creates an intimidating hostile or offensive environment

pregnancy discrimination act of 1978 (pda)

title 7 amended this and equates discrimination on basis of pregnancy childbirth or related medical conditions w/sex discrimiatino -employer must treat pregnancy in same manner as other medical condition -doesnt exclude pregnancy coverage fro medical insurance it provides for employee spouses bc discriminates against male employees

national origin

title 7 forbids employment discrimination based on this against applicants/employees -refers to country from which individual or their ancestors came -includes persons who characteristics generally identified with particular national groups

professionally developed ability tests

title 7 permits use these provided that test isn't designed or used to discriminate -EEOC issues guidelines detailing validation process it approves for establishing job relatedness of any selection procedure that has an adverse impact on a protected group

seniority systems

title 7, ADEA, equal pay act permit employers to apply different standards of employment in accordance to the law to these systems that aren't the result of intention to discriminate

enforcement of equal employment opportunity laws

title 7, ada, adea have similar enforcement provisions and all require victim to file charges of violations w/eeoc and their state employment discrimination agnecy

severe or pervasive in harris v forklift system inc

to determine whether an environment is hostile, court must consider totality of circumstances including "frequency of the discriminatory conduct its severity whether physically threatening or humiliating or just offensive utterance or whether unreasonably interfere with employee work performance"

bfoq

to establish this, the employer must show that employees of given sex, religion, national origin, age are a business necessity bc any other groups would undermine essence of business operation -certain qualifications possessed by person are essential to employer business and impraticable to find members of excluded class who possess these qualfiications

5 things plaintiff must establish

to succeed on a hostile work environment claim, plaintiff must establish that 1. employee suffered intentional discrimination bc of his sex 2. discrimination was severe or pervaisive 3. discrimination detrimentals affected the plaintiff 4. discrimination would detrimentally affect reasonable person in like circumstance 5. existence of respondent superior liability

true

true or false: -demonstration that employment practice is required by business necessity may not be used as a defense against a claim of intentional discrimination

true

true or false: -employer isn't in violation of its plan if it fails to meet goals provided that employer made good faith efforts

true

true or false: PDA doesnt prohibit employer from providing special pregnancy benefits like special maternity leave that it doesnt provide to employees generally

true

true or false: ada forbids using qualification standard employment test or selection criteria that tend to screen out individuals w/disability unless practice is job related and consistent with business necessity

true

true or false: an impairment that is episodic (seizure) or in remission (cancer) is a disability if substantially limit major activity when active

true

true or false: disparate treatment can take many forms ex: employer that segregate workforce for fringe benefit purposes engages in illegal disparate treatment -employer may not offer male employees lower life insurance benefits/higher pension benefits than similarly situated female employees even tho women (as a group) live longer than men

true

true or false: employers should be particularly sensitive to ADEA liability when terminating older employees -more than 90% of cases brought under ADEA involve terminations and true during economic recessions

true

true or false: employment discrimination laws don't prohibit the use of such facially neutral criteria

true

true or false: ep,loyers may condition job offer on passing medical exam if its job related and consistent with business necessity -allowed only if required of all employees regardless of disability

true

true or false: for someone to be regarded as having impairment that substantially limits major life activity, they don't have to show that the employer perceived them that way -all the individual has to prove is that he was subjected to action prohibited by ada (not getting job or promotion) based on impairment that isn't minor or transitory(not permanent)

true

true or false: majority of states don't have law banning sexual orientation and gender identity discrimination

true

true or false: most frequent charges of religious discrimination dealt by courts/eeoc involve instance where employer's work rule, innocent in intent, conflicts w/emplyee religious belief

true

true or false: selection procedure that have adverse impact on basis of national origin and aren't job related required by business necessity violates title 7 -ex: hiehgt/ weight requirements have adverse impact on national origin

false - can't and excludes not includes

true or false: statue includes oridinary eyeglasses and contact lens from mitigating factors that must be ignored -if you wear these then you can claim that your poor eyesight is disability

true

true or false: test is deemed discriminatory if it results in selection rate for 1 race, sex, religion, national origin that is less than 4/5 of selection rate for another

false

true or false: under GINA info about person's sex or age is considered genetic info

true

true or false: employer fulfills its duty under title 7 when offers reasonable accommodation to employee -employer isn't obligated to agree to accommodation request by employee even if it wold cost employer nothing

true

true or false: the law does not require an employer to hire, promote, or retain anyone -prohibits employer from using membership in a protected class as basis for employment decision

1. quid pro quo 2. hostile environment harassment

two types of sexual harassment

adea

under which agreement -the charging party can file charges with the state anti discrimination agency and eeoc in any order -charging party isn't required to file w/state first -180 and 360 day time limits for filing w/eeoc apply to ADEA -charging party need not receive right to sue letter to file suit and can sue anytime after eeoc has had the charge for 60 days

vance v ball state

us supreme court held that employee is a supervisor for purposes of vicarious liability only if he or she is empowered by the employer to take tangible employment actions agains the victim like the power to hire fire demote promote transfer or discipline

title 7 in merit sav. bank, FSB v vinson

what prohibits sexual harassment that is sufficiently severe or pervasive to alter the conditions of the plaintiff employment and create an abusive working enviornemnt

title 7

what requires employer to make reasonable accommodations to employee religious belief/practice unless accommodation would work an undue hardship on business

disparate impact

when the criteria systematically excludes members of a protected class from job opportunities, the employer must justify their use or it will be liable for this

prima facie case of disparate treatment

when this has been established, the defendant must provide a legit, nondiscriminatory explanation for the employment decision -defendant isn't required to prove that it didn't discriminate nor must it prove the factual validity of explanation

title 7

where were the 2 illegal approaches first developed by courts? -they have also been applied to cases involving federal equal employment opportunity laws

obama

which president signed executive order forbidding fed contractor from discriminating on basis of sexual orientation and gender identity -applies to one part of economy (those business that do business w/fed gov)

eeoc

who is allowed time to investigate the charges and try to informally resolve disputes and can sue to correct violations

ada

who prohibits employers form asking medical questions or requiring medical exam before job offer is made -emploeyr can't ask if he has disability or extent of disability -they can ask job applicants whether they can perform job and how they would perform job with or without reasonable accommodation

mandal

who resigned a month after a meeting where someone called her a bitch and saying shut the **** up -in the resignation letter, she didn't complain of harassment/discrimination bc she was concerned about vacation time -in employee handbook it included equal employment opportunity policy which informed employees they should contact personal manger if they felt this -included open doors olicy that directed employee to discuss any issues 1st w/supervisor and then personnel manager -mandel testified in her deposition that she nderstood policies but felt uncomfortable going to conway or schmalz with her complaints

voluntary

employers adopt this affirmative action plan for reasons 1. it can be eligible for contracts with the federal government

detrimentally affected

-they agree w/district court that an objectively reasonable person in mandel place might be offended by indicdents -troubled by district court conclusion that mandel failed to show she was detrimentally affected by alleged incidents -mandel engaged in unprofessional conduct the comments she was subject to were worse and uninvited -she complained to other employees but not to her supervisor and alleged she was detrimentally affected -jury could conclude that mandel didn't invite these comments or conduct and despite her own conduct was offended by them -the inherently subjective question of whether particular conduct was unwelcome presents difficult problems of proof and turns on credibility determinations and district court granted summary judgment

1. belonged to a protected class 2. applied and was qualified for a job for which the employer was seeking aplicants 3. was rejected after which the position remained open ad the employer continued seeking applicants with similar qualifications

-this person may raise inference of discrimination by showing that she and may have a prima facie (accepted as correct until proved otherwise) case of disparate treatment or intentional discrimination

1. disparate treatment of member of protected class 2. disparate impact of employment practice on a protected class

2 types of illegal discrimination

1. inadvertently 2. as part of voluntary wellness program 3. as part of certifying leave under fam and medical leave act 4. thru commercially or publicly available documents as long as employer didn't intentionally search for genetic info (thru newspaper/website) 5. as part of legally required biological monitoring of workplace for toxic substance exposure and program is voluntary) 6. from dan testing for law enforcement purpose of identifying human remain and genetic info used only for quality control to detect sample contamination

6 narrow exception to GINA prohibition. they are when genetic info is acquired

civil rights act of 1964

comprehensive assault on discriminatory practices in america

EPA

congress referred to equality of skill effort and responsibility exercised under similar working conditions bc these are criteria by which industry evaluates jobs for classification purposes

undue hardship

employers are required to provide reasonable accommodation to applicant or employee with disability unless doing so would cause a what to the employer which under the ADA means imposing significant difficulty or expens

disparate impact

employers often impose requirement for particular jobs -employers impose requirements for particular jobs -if scrutinized, some reuiqrmeents may prove to disqualify a larger percentage of people -ex: reuqirmenet of 6 feet tall disqualifies women latino asians

no

does an EPA violation exist where wage disparity arises out of a bona fide mangamgnet training program that rotates employees of one sex thru all departments and require them to work temporarily w/members of opposite sex who receive llower rate than trainees? -courts scrutinize training programs that involve employees of only 1 sex to determine whether they are bona fide exceptions

yes

does intentional sexual discrimination in pay violate title 7 even tho employees don't preform equal work?

no

does the BFOQ (bona fide) apply to racial discrimination?

no

does the eeoc dismissal of the charge prohibit the charging party from suing?

no

does title 7 explicitly forbid discrimination of sexual orientation and gender identity

example

employer has 1000 applicants for 100 openings -500 black and 500 white applicant -if hires randomly they expect 50 black and 50 white to be hired -expected value = 50 -if employer only hires 47 blacks its likely that selection is random but if only 10 blacks hired then discrimination suspected -if 0 hired, then certain that employer discriminated -greater deviation from expected value the less likely it is that it resulted by chance

de minimis cost

employer need not accommodate employee religious belief if it would impose more than this type of cost ex: employer need not give employee day off for his religious Sabbath if this would require employer to pay another employee at an overtime rate to fill in