LGS 200 - Chapter 21

Employers must make which of the following to accommodate the religious practices of employees?

A reasonable accommodation

How would a customer preference for women attendants in the women's restroom or locker room be judged under employment discrimination? A) The gender preference could be a BFOQ. B) The law does not allow for discrimination defenses for gender. C) This request would qualify as a business necessity. D) It would not be discriminatory against a protected class.

A) The gender preference could be a BFOQ.

Laura is the only female employee in the maintenance department of Motor Service Inc. Her supervisor teases and plays tricks on her so relentlessly that she feels compelled to quit. This is most likely A) a constructive discharge. B) employer retaliation. C) a voluntary quit. D) discrimination.

A) a constructive discharge.

What categories are protected by the Equal Employment Opportunity Commission (EEOC)? Choose 3 answers. A) genetic information B) education level C) national origin D) gender identity

A) genetic information C) national origin D) gender identity

Under the Civil Rights Act of 1964, which of the following are illegal if applied to a member of a protected class? Choose 2 answers. A) hostile environment and retaliation B) merit system and seniority C) disparate treatment and disparate impact D) affirmative action and quotas

A) hostile environment and retaliation C) disparate treatment and disparate impact

Job-hiring policies that give special consideration to members of protected classes in an effort to overcome present effects of past discrimination

Affirmative Action

An employer requires a college degree to work in any position in the company. What part of Title VII could apply? A) Title VII does not apply to this situation. B) Disparate treatment. C) Disparate impact. D) Hostile work environment. E) Retaliation.

B) Disparate treatment.

The Equal Protection Clause applies to which parties? A) All parties, whether employers or otherwise. B) Governmental employers. C) Private employers. D) All employers.

B) Governmental employers.

Ivy is blind. Jerold has cancer. Kim has cerebral palsy. Considered to have a disability under the Americans with Disabilities Act is A) Ivy B) Ivy, Jerold, and Kim C) only Ivy and Kim D) Kim

B) Ivy, Jerold, and Kim

An employer reacts to an employee's report of a Title VII violation by cursing and making offensive jokes about that employee and moves the employee to another department. What part of Title VII could apply? Choose 2 answer choices. A) Title VII does not apply to this situation. B) Retaliation. C) Hostile work environment. D) Disparate impact. E) Disparate treatment.

B) Retaliation. C) Hostile work environment.

If an employee has proven an unfair pay disparity between males and females, what defenses may the employer use? Choose 3 answers. A) The pay disparity is based on the greater family responsibility borne by women. B) The pay disparity is based on merit or output. C) The pay disparity is based on seniority, not gender. D) The pay disparity is based on any factor other than gender.

B) The pay disparity is based on merit or output. C) The pay disparity is based on seniority, not gender. D) The pay disparity is based on any factor other than gender.

The role of the Equal Employment Opportunity Commission (EEOC) is to: (Choose 3 answers.) A) set salaries for upper-level management of large companies. B) file a lawsuit to protect the rights of individuals and the interests of the public. C) fairly and accurately assess the allegations in a charge of discrimination and make a finding. D) investigate charges of discrimination against employers.

B) file a lawsuit to protect the rights of individuals and the interests of the public. C) fairly and accurately assess the allegations in a charge of discrimination and make a finding. D) investigate charges of discrimination against employers.

Inez files an employment discrimination suit against Jiffy Delivery Service, Inc., under the Civil Rights Act, based on Jiffy's discharge of Inez. Possible relief includes A) imprisonment B) reinstatement C) fines D) an order to close the employer's business

B) reinstatement

An identifiable characteristic reasonably necessary to the normal operation of a particular business.

Bona fide occupational qualification (BFOQ)

A defense to an allegation of employment discrimination in which the employer demonstrates that an employment practice that discriminates against members of a protected class is related to job performance.

Business Necessity

Why are seniority systems beneficial? Choose 2 answer choices. A) Seniority systems are more difficult to administer, but they offer more opportunities for hiring employees. B) Seniority systems can hold back top performers. C) Seniority systems are a defense to employment discrimination. As a result, the employer would have fewer related legal issues. D) Seniority systems encourage employee loyalty to the employer.

C) Seniority systems are a defense to employment discrimination. As a result, the employer would have fewer related legal issues. D) Seniority systems encourage employee loyalty to the employer.

A termination of employment brought about by making the employee's working conditions so intolerable that the employee reasonably feels compelled to leave.

Constructive Discharge

Sara believes that she was rejected for a position at Tour & Travel Agency on the basis of her race. Sara files a suit against Tour & Travel under the Civil Rights Act. To establish a prima facie case of employment discrimination, Sara must show all of the following except that A) she is a member of a protected class. B) she applied and was qualified for the job in question. C) she was rejected for a position by the employer D) other persons of her race hold similar positions with similar employers

D) other persons of her race hold similar positions with similar employers

A separate provision in the ADA prevents employers from taking adverse employment actions based on stereotypes or assumptions about individuals who associate with people who have disabilities.

Disability Association

Discrimination that results from certain employer practices or procedures that, although not discriminatory on their face, have a discriminatory effect.

Disparate-impact discrimination

A form of employment discrimination that results when an employer intentionally discriminates against employees who are members of protected classes.

Disparate-treatment Discrimination

Unequal treatment of employees or job applicants on the basis of race, color, national origin, religion, gender, age, or disability; prohibited by federal statutes.

Employment Discrimination

T/F- An employer cannot classify jobs as male or female but can refuse to promote employees based on their gender

False

T/F- Title VII of the Civil Rights Act prohibits job discrimination on the basis of income

False

T/F: The Age Discrimination in Employment Act prohibits employment discrimination against individuals up to 40 years of age.

False

Thia type of harassment occurs when a pattern of sexually offensive conduct runs throughout the workplace and the employer has not taken steps to prevent or discourage it. Such harassment exists when the workplace is permeated with discriminatory intimidation, ridicule, and insult, and this harassment is so severe or pervasive that it alters the conditions of employment.

Hostile-environment harassment

$50,000 cap

How much money can be rewarded from compensatory and punitive damages if there are fewer than 100 employees?

A state passes a law requiring all police officers to be of a certain height. Some women challenge the law under the Equal Protection Clause because the average height of women is shorter than that of men. What standard would the court use to make a decision?

Intermediate Scrutiny

A case in which the plaintiff has produced sufficient evidence of his or her claim that the case will be decided for the plaintiff unless the defendant produces evidence to rebut it.

Prima facie case

A group of persons protected by specific laws because of the group's defining characteristics, including race, color, religion, national origin, gender, age, and disability

Protected Class

This type of harassment occurs when sexual favors are demanded in return for job opportunities, promotions, salary increases, or other benefits.

Quid pro quo

firing an employee in retaliation for submitting a claim to the EEOC is known as?

Retaliatory discharge

discrimination against members of a majority group

Reverse Discrimination

A system in which those who have worked longest for an employer are first in line for promotions, salary increases, and other benefits, and are last to be laid off if the workforce must be reduced.

Seniority system

The demanding of sexual favors in return for job promotions or other benefits, or language or conduct that is so sexually offensive that it creates a hostile working environment.

Sexual Haarassment

A significant change in employment status or benefits, such as occurs when an employee is fired, refused a promotion, or reassigned to a lesser position.

Tangible Employment Action

When the EEOC decides not to investigate a claim, what can be done?

The EEOC will issue a "right to sue"

Which act is violated if an employer refuses to provide health insurance to pregnant females due to the increased cost associated with their pregnancy?

The Pregnancy Discrimination Act

1. The employer must have taken reasonable care to prevent and promptly correct any sexually harassing behavior. • Example: Establishing effective harassment policies and complaint procedures 2. The plaintiff-employee must have unreasonably failed to take advantage of preventive or corrective opportunities provided by the employer to avoid harm.

The two defenses of the Ellerth/ Faragher defense

T/F- A plaintiff who sues on the basis of disparate-treatment discrimination in hiring must make out a prima facie case of illegal discrimination, and will win in the absence of a legally acceptable employer defensed.

True

T/F- An employee alleging discrimination must file a claim with the EEOC before a lawsuit can be brought against the employer.

True

T/F- Punitive damages may be recovered in a case of discrimination against a private employer if the employer acted with malice or reckless indifference

True

T/F- Title VII prohibits retaliation by employers against employees who complain about sexual harassment or other Title VII violations. • Employees can sue their employers when it occurs.

True

T/F-An employee alleging discrimination must file a claim with the EEOC before a lawsuit can be brought against the employer.

True

T/F-An employee who discovers that an employer has disclosed his or her confidential medical information has a right to sue the employer—even if the employee was not technically disabled.

True

Title VII's retaliation protection extends to employees who speak out about discrimination against other employees during an employer's internal investigation.

True

True or False-When Title VII applies to the employer, any employee—including an undocumented worker—can bring an action for employment discrimination.

True

1) By comparing the employer's workforce to the pool of qualified individuals available in the local labor market 2) By comparing the employer's selection rates of members and nonmembers of a protected class (nonwhites and whites, for instance, or women and men)

What are the two ways of showing disparate-impact discrimination?

The United States Supreme Court issued several important rulings in cases alleging sexual harassment by supervisors that established what is known as

What is the Ellerth/Faragher affirmative defense?

1. The plaintiff is a member of a protected class. 2. The plaintiff applied and was qualified for the job in question. 3. The plaintiff was rejected by the employer. 4. The employer continued to seek applicants for the position or filled the position with a person not in a protected class.

What needs to be established for a prima facie case of disparate treatment discrimination in hiring?

What does "vacated the judgment" mean?

When a court effectively cancelled the judgement, or, otherwise stated, rendering it null and void

Punitive Damages

When an employer has acted with reckless disregard or malice to an individual's rights what damages can be rewarded?

Compensatory Damages

When intentional discrimination is involved what damages can be rewarded?

The Civil Rights Act of 1964 applies to:

companies with 15 or more employees

Employers are not required to make accommodations for employees:

if that accommodation causes an undue hardship on the business.

The system in which an employer pays her employees an amount based on how well they do their jobs, regardless of gender, is called:

merit

Which amendment to the U.S. Constitution is a primary source of equal protection provisions in employment law?

the 14th amendment

Emily, an employee of Farm Supplies Inc., files a suit against her employer, alleging sexual harassment by her supervisor Gowan. The employer may be liable if it had effective harassment policies and complaint procedures that were followed by A) none of the employees. B) Emily. C) Emily's co-workers. D) Gowan.

B) Emily.