Employment Law: Chapter 3: Title VII of the Civil Rights Act of 1964

What are the bases on which discrimination was prohibited in the workplace, which were introduced after the passage of the 1964 Civil Rights Act?

- Age - Vietnam veteran status - Genetic information

Identify the true statements about the state law interface in the filing process of Title VII claims.

- Local agencies serve as a type of screening process for serious cases. - State and local procedures in handling Title VII claims are similar to those of the Equal Employment Opportunity Commission (EEOC).

Title VII does not apply to

- employees of employer having less than 15 employees - employees whose employers are not engaged in interstate commerce - Non-U.S citizens employed outside the U.S - Employees of religious institutions, associations, or corporations hired to perform work connected w/ carrying on religious activities/ministerial functions - members of Communist party - employees of employers employing Native Americans living in or around Native American reservations

judicial review

court review of an agency's decision

Under color of state law

government employee is illegally discriminating against another during performance of his or her official duties

The Civil Rights Act of 1964 applies to all but the following:

independent contractors

EEOC'S Strategic Enforcement Plan for 2013-2016

listed its 1st national priority as eliminating barriers in recruitment & hiring, particularly targeting "class-based intentional recruitment & hiring discrimination & facially neutral recruitment & hiring practices that impact particular groups"

"Referral-back" program

private sector employment discrimination claims are referred back to participating employers for mediation by the employer's own mediation program to see if they can be resolved w/o going any further

Congressional Accountability Act of 1995

protection to congressional employees

The case law in Title VII of the Civil Rights Act quickly became the most important arbiter of rights under the Civil Rights Act _____.

since employment in large measure defines the availability of other matters

706 agencies

state agency that handles EEOC claims under a work-sharing agreement w/ the EEOC

Samantha, a firm's manager, is accused of racially discriminating Jamie. Jamie files a claim against her with the Equal Employment Opportunity Commission (EEOC). The EEOC investigates the matter and does not find any cause for Jamie to charge Samantha with violating Title VII of the Civil Rights Act. In order to pursue the complaint, Jamie should _____.

take the case to the federal court for judicial review

Turner was constantly late for work and under performing in his sales quotas. His manager Larry is afraid to fire him because of Title VII. As an employee, Turner does not perform up to standards Larry should

terminate Turner as he would terminate any other employee.

In 2012, the Equal Employment Opportunity Commission (EEOC) issued a determination that discrimination on the basis of being _____ is a type of gender discrimination.

transgender

Title VII of the Civil Rights Act of 1964 gives permission to businesses to give preferential treatment to _____ if the businesses operate in or around the associated reservations.

Native Americans

Conciliation

Attempting to reach agreement on a claim through discussion, without resort to litigation.

How did the South maintain its cheap labor force of blacks prior to 1964?

By instituting peonage laws that allowed blacks without the means of making bail to be arrested for virtually anything

reasonable cause

EEOC finding that Title VII was violated

no reasonable cause

EEOC finding that evidence indicates no reasonable basis to believe Title VII was violated.

EEOC investigator

Employee of the EEOC who reviews Title VII complaints for merit.

Identify a term under the universal mediation agreements instituted by the Equal Employment Opportunity Commission (EEOC

Employers give their consent to have their claims mediated by the EEOC.

record keeping & reporting requirements

Title VII requires that certain documents must be maintained and periodically reported to the EEOC.

Pregnancy Discrimination Act of 1978

To amend Title VII of the Civil Rights Act of 1964 to prohibit sex discrimination on the basis of pregnancy.

Title VII of the Civil Rights Act of 1964 covers all of the following except

age

mandatory arbitration agreement

agreement an employee signs as a condition of employment, requiring that workplace disputes be arbitrated rather than litigated

the Civil Rights Act of 1991

amended the original Civil Rights Act; added jury trials, compensatory & punitive damages

de novo review

complete new look at an administrative case by the reviewing court

Title VII applies to

- employers, unions, & joint labor & management committees making admission, referral, training, & other decisions & to employment agencies & other similar hiring entities making referrals for employment - all private employers employing 15 or more employees & to federal, state, & local gov'ts - Public (gov'tal) & private (non-gov'tal) employees - U.S citizens employed by American employers outside the U.S - Non-U.S citizens are protected in the U.S but not outside the U.S

After a discrimination charge is filed by the employee and notice of the charge is given to the employer, the EEOC screens the charge to see whether it is one that is appropriate for mediation. If it is appropriate for mediation, the EEOC will offer that option to the parties. In this case, each side has __________ days to respond to the offer to mediate.

10

Which of the following is an example of how Black people were treated differently before the passage of the Civil Rights Act of 1964?

Prohibition of black people marrying white people.

Donaldson's Dog Joy is a company that manufactures and sells dog biscuits. It is a private company. As of now, it has 13 employees. It does not have a proper human resource policy in place. Although it hires women employees, it terminates them within a short time period without giving any strong reasons. The women employees have thought suing for discrimination under Title VII, but management is confident any claim is unactionable under Title VII. Why?

Title VII applies to private employers employing 15 or more employees and therefore applies to their company.

Carlo, 35, has been serving as a Catholic priest for the past two years in Alabama. He recently applied for a job teaching religious classes at a Jewish synagogue, but the synagogue declined to hire him. Carlo filed a claim with the EEOC claiming discrimination under Title VII against the synagogue. The EEOC found no reasonable cause in Carlo's case. Which of the following is a grounds for the EEOC to do so?

Title VII permits religious institutions and associations to discriminate when performing their activities.

42 USC Section 1983

the federal statute that provides a remedy in federal court for the "deprivation of any rights . . . secured by the Constitution and laws" of the United States.; Every person who, under color of any statute, ordinance, regulation, custom or usage of any State or Territory or the District of Columbia, subjects or causes to be subjected, any citizen of the U.S or other parison w/in jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution & laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress

Equal Employment Opportunity Act of 1972

Amended Title VII of Civil Rights Act of 1964; strengthens the EEOC's enforcement powers and extends coverage of Title VII to government employees, employees in higher education, and other employers and employees;

Which of the following is a prohibition under the post-Civil War statutes, or the Reconstruction Civil Rights Acts, codified as 42 U.S.C. sections 1981, 1983, and 1985?

Discrimination on the basis of race in making and enforcing contracts

Which of the following acts further strengthened Title VII?

Equal Employment Opportunity Act

Brown v. Topeka Board of Education

Supreme court ruled that education must be available to all children on equal terms. Separate is not Equal.

There are three main pre-Title VII laws collectively known as:

The Reconstruction Civil Rights Acts

Claimant or charging party

the person who brings an action alleging violation of Title VII

The political climate and the peoples in power in Washington at any given time can greatly impact the performance of the Equal Employment Opportunity Commission (EEOC).

true

Joanna, a government employee, illegally discriminates against Peter when performing her duties. In the context of the post-Civil War statutes, or the Reconstruction Civil Rights Acts, Joanna is acting _____ of state law.

under color

universal mediation agreement

which employers agree to have their claims mediated by the EEOC when discrimination charges are filed

Jim Crow Laws

Laws written to separate blacks and whites in public areas/meant African Americans had unequal opportunities in housing, work, education, and government

42 U.S.C Section 1981

all person w/in the jurisdiction of he U.S shall have the same right in every state & territory to make an enforce contracts.... as is enjoyed by white citizens.; prohibits discrimination on the basis of race or ethnicity in the formation or enforcement of contracts

Sharecropping

common means of maintaining control & having a supply of cheap labor, w/ the white owners of the property hiring blacks to work the land in return for an agreed-upon share of the proceeds from the crop the worker produced

Catherine, a resident of California, has been working for a company for the past five years. Her superiors have always showered her with praise for her excellent work, but she has noticed that each time a performance appraisal is conducted, she is overlooked. This year, the appraisal results were announced on January 26. She was again overlooked. She approached the Equal Employment Opportunity Commission on November 29, to file a discrimination complaint against her company. The Equal Employment Opportunity Commission is not in a position to accept her petition because she

did not file the complaint within 180 days of the event

The U.S Department of Justice

handles cases involving most gov't agencies such as police & fire departments

Title VII of the Civil Rights Act of 1964

prohibits employment agencies, employers, and unions from discriminating against applicants and employees on the basis of race, color, religion, national origin, or sex.

Federal employees who experience employment discrimination must file their claims with their employing agency within _____ days of the discriminatory event.

45

Equal Employment Opportunity Commission (EEOC)

Federal agency in charge of enforcing federal laws on employment discrimination.

Which of the following statements about the process of mediation with reference to resolving Title VII claims is correct?

If the parties reach an agreement, that agreement is as binding as any other settlement agreement.

right to sue letter

Letter given by the EEOC to claimants, notifying them of the EEOC's no-cause finding and informing them of their right to pursue their claim in court

Which of the following individuals is most likely protected under Title VII?

Paul, a person of Mexican descent, is told he will not be hired by a soap manufacturing company.

A laid-off employee of a multinational company feels discriminated against by the employer. The employee is eligible to approach the Equal Employment Opportunity Commission (EEOC) for redress if the _____.

employee is a female

The Office of Federal Contract Compliance Programs (OFCCP)

enforces EO 11246 prohibiting employment discrimination by those receiving gov't contracts & imposing affirmative action under certain circumstances