Worksheet 35.1

treating employees or job applicants unequally on the basis of race, color, national origin, religion, gender, age, or disability. this is prohibited by federal statutes.

employment discrimination

The federal agency that monitors compliance with Title VII is the

equal employment opportunity commission

Punitive damages are always awarded to successful plaintiffs in sexual harassment claims, because in order to win the plaintiff must show at least negligence by the employer in handling the situation.

false

The Lily Ledbetter Act states that an employee who claims she has received discriminatory wages has a limited time period with which to file a complaint in federal court.

false

harassment that occurs when a pattern of sexually offensive conduct runs throughout the workplace, and the employer has not taken steps to prevent or discourage it

hostile-environment harassment

. When sexual harassment is between co-workers, the employer generally is liable only if the employer ______ or ________ known about the harassment and failed to take action.

knew, should have

a class of persons with identifiable characteristics who historically have been victimized by discriminatory treatment for certain purposes. depending on the context, these characteristics include age, color, gender, national origin, race, and religion

protected class

In order to show disparate-treatment discrimination, a person must show that she or he is a member of a _______ class, applied for and was _______ for the job in question, was then __________ by the employer, and the employer continued to seek ________ for the position, or filled the position with a person not in a protected class.

protected, qualified, rejected, applicants

harassment that occurs when sexual favors are demanded in return for job opportunities, promotions, salary increases or other benefits

quid pro quo harassment

Employers cannot treat their employees more or less favorably based on their ________ beliefs or practices

religious

When labor practices discriminate against those in the majority it is called

reverse discrimination

In addition to the Civil Rights Act of 1964, victims of racial or ethnic discrimination may also have a cause of action under

42 U.S.C. Section 1981

Title VII applies to employers with _____ or more employees.

15

a form of employment discrimination that results when an employer intentionally discriminates against employees who are members of a protected class

disparate-treatment discrimination

Which of the following is NOT covered by the Civil Rights Act of 1964, but may be covered under other statutes?

age

What is one way for a plaintiff to prove a disparate impact?

comparing the employer's workforce to the pool of qualified individuals available

a form of employment discrimination that occurs when a protected group of people is adversely affected by an employer's practices, procedures, or tests, even though they do not appear to be discriminatory.

disparate-impact discrimination

For an employer to be held liable for a supervisor's sexual harassment of a subordinate, the supervisor normally must take a(n) _______ employment action against the employee. This is defined as a(n) _________ change in employment status. The Ellerth/Faragher defense allows an employer to decrease or eliminate liability if the employer took _________ care to prevent and correct the behavior and if the plaintiff ________ failed to take advantage of any employer-provided opportunities to avoid the harm.

tangible, significant, reasonable, unreasonable

The most important federal statute prohibiting employment discrimination against members of a protected class is:

title vii of the civil rights act of 1964

Constructive discharge occurs when the employer causes the employee's working conditions to be so intolerable that a reasonable person in the employee's position would feel compelled to quit.

true

In 2011, the United States Supreme Court limited the rights of employees to bring discrimination claims against their employers as a group in the form of a class action lawsuit.

true

In a retaliation claim, an individual asserts that he or she has suffered harm as a result of making a Title VII complaint, or testifying or participating in an investigation or proceeding.

true

The Equal Pay Act requires equal pay for male and female employees working at the same establishment doing similar work.

true

Title VII of the Civil Rights Act prohibits government employers, private employers and unions from discriminating against persons because of their religion.

true