Lesson 24-2 Review Business Law

Quid Pro Quo

Means one thing is exchanged for another. EX: Boss threatens to fire subordinate unless the sub provides sexual favors.

Neutral on its face

A policy that makes no reference to protected class, yet may have a discriminatory impact on one.

Business Necessity Defense

An employer's defense that the employee did not have the necessary skills or work history needed for hiring.

Bona Fide Seniority System Defense

An employers defense based on the contention that employment decisions consider only length of employment, and is not intended to discriminate any other grounds.

Bona Fide Occupational Qualification Defense (BFOQ)

An employers defense that the job requirement compels discrimination against a protected class.

Hostile Environment

An environment in which unwelcome sexual comments, gestures, or contact interfere with an employee's ability to work.

Bona Fide Seniority System Defense

Based on the contention of the length and time employment EX: sirens araise to employees based on seniority

Pretext

Employer defense is sometimes to assert employment necessity EX: hire a male for a travel job instead of a female b/c she has 3 kids.

Cases Bases on Indirect Evidence

Employer may dent any intention to illegally discriminate must prove they were discriminated based of their protected class.

Employer's Defenses

Employer must prove he was not discriminating establishes several defenses.

Business Necessity Defense

Employer states that the employee did not have the wok history or qualifications.

Evidence of Disparate Treatment

Employers intentionally treats member of a protected class less favorably than other employees.

Cases Based on Statistics

Evidence can be following employee patterns and practice of discrimination.

Disparate Impact Cases

Indicates that the policy improperly eliminates more members of protected classes.

Disparate Treatment

Intentionally less favorable treatment by an employer of a protected class of employees than other employees.

Bona Fide Occupational Qualification (BFOQ) Defense

Job requirement that compels discrimination against a protected class EX: Hiring male for apart but not hiring female b/c the act is a male part.

By Statistical Proof

Must establish that fewer members of the protected class qualified for the job.

Quid Pro Quo

One thing is exchanged for another.

Workforce Pool

Persons actually in employer's workforce.

Members of protected classes are always ethnic minorities.

TRUE

Paying more money to those who worker is form of justified discrimination.

TRUE

The law compels employers to judge each persons as an individual.

TRUE

Disparate Impact

The effect of a policy that improperly eliminates more members of protected classes than members of the majority.

Application Pool

Those qualified for job without consideration for the challenged practice.

Cases Based on Direct Evidence

used to be intentional and in the past; refuses to hire members of protected class.