Chapter 14 Study Guide

Statutory Defenses

3 defenses: Bonafide occupational qualification, merit, and seniority.

Equal Employment Opportunity Commission (EEOC)

A federal agency which enforces most federal anti-discrimination laws by conducting investigations.

The Civil Rights Act

All persons have full and equal benefit under the law. They are used to prevent discrimination by private employers.

Merit

Can used ability tests even if they have adverse impact on a class.

Equal Pay Act

Men and women are protected from pay discrimination.

Religious Discrimination

One must provide reasonable accommodation as long as it does not provide undue hardship on the employer.

Sex Discrimination

Prohibits discrimination by gender.

Procedures Under Title 7

THe EEOC may investigate allegations of discrimination. They may choose to file a lawsuit or give a right to sue to the claimant.

Title 7 of the Civil Rights Act

The basis for a claimant to seek damages because of employment discrimination. It also expands the remedies. It prohibits discrimination on the basis of race, color, nation of origin sex, and religion. Governs: 1) 15 or more employees 2) All employment agencies 3) Labor unions with 15 members 4) State and local governments 5) Federal employment

Disparate-Treatment Discrimination

This is when an employer treats a specific employee differently than others because of that person's race, color, sex, and religion. Following criteria: 1) Member of a protect class 2) Applied for and was qualified position 3)Did not receive the position due to the employer's rejection 4) Maintained the position as open and sought applicants with the claimants qualifications. or filled with a person that was not a part of a protected class.

Bona Fide Occupational Qualification

This is when the characteristic is necessary for the position. This does not apply to protected classes.

Americans with Disabilities Act

Prevents employers from discriminating against employees because of their disabilities by making employers provide reasonable accommodations. It must have 15 or more employees.

Age Discrimination in Employment Act

Prohibits discrimination on the basis of age against persons over 40 years of age. Applied to companies which affect interstate commerce and has over 20 employees.

Employment Discrimination

Protected classes: race, color, religion, national origin, gender, age, or disability.

Race, Color, and National Origin Discrimination

Race is a protected class. Employees may discriminate against non-US citizens.

Seniority

When employees are given preferential treatment because of how long they have worked in the firm.

Disparate-Impact Discrimination

When the employer discriminated through practice, tests, or procedures, although not necessarily against an entire protected class. Entire groups usually sue.