Topic 2: Title VII of the Civil Rights Act of 1964

Name the requirements for a prima facie case for gender plus discrimination, on family composition, that a complaining work would need to show.

1. He or she has small children 2. Is qualified for the job 3. Suffers an adverse employment action 4. Similarly situated workers for the same gender, without small children, are treated more favorably.

Name the 6 laws that the EEOC conducted in addition to the Civil Rights Act:

1. The Equal Pay Act of 1963 (EPA) 2. The Age Discrimination in Employment Act of 1967 (ADEA) 3. The Americans with Disabilities Act of 1990 (ADA) 4. The Rehabilitation Act of 1973 5. The Civil Rights Act of 1991 6. The Uniformed Services Employment and Re-employment Rights Act (USERRA)

Name the four elements of a prima facie discrimination case for gender discrimination.

1. The employee is the protected class 2. The employee is qualified for the position. 3. The employee suffers from adverse employment action. 4. A person of opposite gender received favorable employment action or the employer continues to look for applicants for the position.

An employee can discredit an employer's pretext by showing: (Name five)

1. Weaknesses 2. Implausibilities 3. Inconsistencies 4. Incoherencies 5. Contradictions

To make a claim of discrimination under the Equal Pay Act - the prima facie case - an employee must show that two employees of the opposite gender are: (Name 3)

1. Working in the same place 2. Doing equal work - sufficient commonality of task and responsibilities 3. Receiving different and unequal pay

Title VII covers employers who have ___________ or more employees for each working date in each of twenty or more calendar weeks in the current or preceding calendar year, and any agent of such a person.

15

A court order that prohibits a defendant from certain actions.

Injunctive Relief

What law did President Obama sign in 2009 referring to the 180-day filing period that begins to run on the date of any of three events - the adoption of a discriminatory practice or decision, the application of the discriminatory practice or decision to the employee, and most significantly, each time wages, benefits or compensation is paid under the practice or decision.

Lilly Ledbetter Fair Pay Act

The rationale of the prima facie case in disparate impact cases is to eliminate the ____________________ reasons for a job denial and thereby show that discrimination is the most plausible explanation.

Nondiscriminatory

Discrimination where the employer's policies have the purpose or effect of segregation or assigning employees to particular aspects of a business enterprise for no legitimate business necessity.

Pattern and practice

In 1978, Congress enacted amendments to Title VII known as the _______________, which prohibits employment discrimination on the basis of pregnancy.

Pregnancy Discrimination Act (PDA)

Latin for "at first sight") Evidence based on the first impression.

Prima facie

Monetary damages designed to punish an employer who acted maliciously or recklessly.

Punitive Damages

A desired action resulting from a successful lawsuit - can include damages - money, or equitable relief - or some other desired action.

Remedies

An adverse employer job action based upon an employee's lawful actions?

Retaliation

A complaint filed by an employee who feels he or she was discriminated against in violation of the law.

Retaliation Claim

Name this Act: Protects individuals who are 40 years of age or older.

The Age Discrimination in Employment Act of 1967 (ADEA)

Name this Act: (Title 1 and Title V), and its 2008 Amendments (ADAAA), which prohibit disability discrimination in the private sector

The Americans with Disabilities Act of 1990 (ADA)

Name this Act: Allows for compensatory and punitive damages for violations of Title VII

The Civil Rights Act of 1991

Name this Act: Protects men and women who perform substantially equal work in the same establishment from sex-based wage discrimination.

The Equal Pay Act of 1963 (EPA)

Name this Act: Prohibits discrimination against qualified individuals with disabilities who work in the federal government

The Rehabilitation Act of 1973

Name this Act: Protects military personnel from employment discrimination

The Uniformed Services Employment and Re-employment Rights Act (USERRA)

The simplest and most common way of estimating adverse impact by ruling screening device as discriminatory if its selection rates of a protected class are less than 80% of the majority.

The four-fifths rule

______________________ treatment employment discrimination under Title VII is the intentional adverse or unequal treatment of an individual based upon a protected class characteristic.

Disparate

Discrimination in which a plaintiff claims not that the employer intentionally discriminated, but rather the employer's procedures, policies, or practices have the effect of creating an unnecessary obstacle to employment opportunity for a protected class.

Disparate Impact Discrimination

In 1972, Congress amended Title VII by passed the _____________________________ Act, which gave the EEOC authority to conduct its own enforcement litigation.

Equal Employment Opportunity Act

The federal agency created by the Civil Rights Act of 1964, and today it enforces federal anti-discrimination statues, and provides oversight for all federal equal opportunity standards in employment regulations.

Equal Employment Opportunity Commission (EEOC)

T/F: When the harassment is gender-based, no sexual harassment claim is available

False

Disparate __________________ discrimination is directed at an individual, while disparate __________________ discrimination is directed at a class of persons.

Treatment, Impact

T/F: The Civil Rights Act of 1991 amended Title VII to include compensatory and punitive damages, but placed a cap on damage amounts.

True

An environment of animosity toward women.

anti-female animus

Once the plaintiff has established the prima facie case, the burden shifts to the employer to show that a neutral policy is job-related and consistent with: A. business necessity B. a BFOQ C. employer preference D. internal mission statement

business necessity

__________________ is/are the primary reason(s) U.S.C section 1981 and the Civil Rights Act of 1871 were ineffective in improving the rights of black Americans? A. Lack of enforcement B. Failure of enactment C. New amendments and changes to the law made it difficult to make any real improvements

A. Lack of enforcement

When an employer's facially neutral procedures, policies or practices are "not job-related and consistent with a business necessity" and have the effect of creating an unnecessary obstacle to employment opportunity for a specific protected class, they are said to have _____________. A. disparate impact B. adverse treatment C. disparate treatment D. intentional racism

A. disparate impact

How long does the application Title VII continue after a firm has reached a critical mass of 15 employees? A. one year B. five years C. two years D. Title VII application will only continue if the firm has more than 15 employees.

A. one year

A negative job action that results from an employee's lawful actions.

Adverse Job Action

What did the U.S.C Section 1981 provide to all citizens including those of African descent? A. The right to have segregation between people of different racial backgrounds. B. The banishment of all segregation for the purpose of creating equality among all people. C. The right to make and enforce contracts, to sue, be parties, give evidence, and to the full and equal benefit of all laws. D. the abolishment of slavery

B. the banishment of all segregation for the purpose of creating equality among all people

A reasonable employment qualification that an employer is allowed to consider when making decisions about hiring and retaining employees.

Bona Fide Occupational Qualification (BFOQ)

A legitimate business purpose that justified an employment decision as effective and necessary.

Business Necessity

An employers decision to take some adverse action against an applicant or employee based upon knowledge and consideration of a protected class characteristic which has little or nothing todo with whether a person can perform the essential functions of a job is known as ______________. A. disparate impact B. racism C. discriminatory intent D. retaliation

C. discriminatory intent

Enacted in 1964, it prohibits race discrimination in employment.

Civil Rights Act of 1964

The notion that men and women should receive equal pay when they perform work that requires comparable skills and responsiblities

Comparable Worth Theory

Evidence of discrimination that is found by comparing two similarly situated employees who were treated differently because of a class characteristic.

Comparative Evidence

Monetary compensation necessary to replace a plaintiff's losses.

Compensatory Damages.

During it's first few years, the EEOC lacked enforcement authority, and had powder only to investigate discrimination and then refer meritorious claims to the Department of _____________ in order to pursue litigation.

Department of Justice

Real, clear evidence of discrimination that requires no inference or consideration to prove its existence.

Direct Evidence

In the private employer arena, an employee would have to look to the public policy exception and to the ________ to determine if a case for retaliatory discharge is available. A. EEOC B. Title VII C. National Labor Relations Act D. At-will doctrine

D. At-will doctrine

Which of the following is an important case addressing grooming and dress in gender discrimination? A. Anderson v. United Airlines B. Griggs v. Burk Power C. Green v. Super Plus Inc. D. Price Waterhouse v. Hopkins

D. Price Waterhouse v. Hopkins

Which of the following is not something a complaining party must show in a case of pretext? A. they were denied the position B. they were qualified for the position C. the employer kept looking to fill the position D. the complaining party must show they were qualified to fill the position

D. the complaining party must show they were qualified to fill the position

Monetary compensation in lieu of reinstatement.

Front Pay

Discrimination that results when an employer classified employees on the basis of gender, plus another characteristic. (Two names)

Gender Plus Discrimination (or Sex Plus Discrimination)

At least how many employees must be treated unequally in order to make a claim of discrimination under the Equal Pay Act?

Two.

Title VII contains no language prohibiting:

harassment, or sexual harassment