business law ch 19

bona fide occupational qualification (BFOQ)

an employer is permitted to establish discriminatory job requirements if they are essential to the position in question.

retaliation

Title VII prohibits employers from retaliating against workers who oppose discrimination, bring a claim under the statute, or take part in an investigation or hearing.

title VII

____ ____ of the Civil Rights Act for 1964 prohibits employers from discriminating on the basis of race, color, religion, sex, or national origin.

affirmative action

_____ _____ is not required by Title VII, nor is it prohibited.

quid pro quo

a latin phrase that means "one thing in return for another"

seniority

a legitimate seniority system is legal even if it perpetuates past discrimination

religion

employers must make reasonable accommodation for a worker's religious beliefs unless the request would cause undue hardship for the business.

hostile work environment

employers violate Title VII if they permit a work environment that is so hostile toward people in a protected category that it affects their ability to work. This rule applies whether the hostility is based on race, color, religion, sex, national origin, pregnancy, age, or disability.

disability

under the Americans with Disabilities Act, an employer may not refuse to hire or promote a disabled person as long as she can, with reasonable accommodation, perform the essential functions of the job. A disabled person is someone with a physical or mental impairment that substantially limits a mjor life activity or the operation of a major bodily function or someone who is regarded as having such an impairment. An accommodation is no reasonable if it would create undue hardship for the employer.

pregnancy discrimination

under the ____ ____ Act, an employer may not fire, refuse to hire or fail to promote a woman because she is pregnant

family responsibility discrimination

men and women may not be treated differently because of their family responibilities

equal pay act

under the ____ ____ ____, a worker may not be paid for equal work at a lesser rate than employees of the opposite sex.

age discrimination

under the ____ ____ in Employment Act,, employers may not fire, refuse to hire, fail to promote, ore otherwise reduce a person's employment opportunities because he is 40 or older.

sexual orientation

neither Title VII nor any other federal statute protects against discrimination based on sexual orientation. However, by executive order, the federal government does prohibit discrimination based on sexual orientation among its own employees and also among companies that work for it. In addition, almost half the states and hundreds of cities have statutes that prohibit such discrimination.

protected categories

race, color, religion, sex, or national origin

disabled person

someone with a physical or mental impairment that substantially limits a major life activity, or someone who is regarded as having such an impairment.

prima facie

something that appears to be true upon a first look

disparate treatment

to prove a ____ ____ case under Title VII, the plaintiff must show that she was treated differently because of her sex, race, color, religion, or national origin.

disparate impact

to prove disparate impact under Title VII, the plaintiff must show that the employer has a rule that on its face is not discriminatory, but in practice excludes too many people in a protected group

gender identity and expression

traditionally, courts ruled that employees were not protected from discrimination based on gender identity. But some federal courts the EEOC, about one-third of the states and hundreds of cities prohibit gender identity and expression discrimination. Also, the federal government prohibits discrimination on gender identity among its employees and in companies that work for it.

immigration

under Title VII, it is illegal for employers to discriminate against non citizens because "national origin" is a protected category.

genetic information nondiscrimination act (GINA)

under ____ employers with 15 or more workers may not require genetic testing, or use information about genetic makeup or family medical history as a factor in hiring, firing or promoting employees.

sexual harassment

involves unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature