Business Law Chapter 33

Section 1981 of the Civil Rights Act of 1886

A section of a federal statute enacted after the Civil War that says all persons "have the same right...to make and enforce contracts...as is enjoyed by white persons." It prohibits racial and color discrimination

Fair Employment Practices Agency (FEPA)

A state agency that some states have where a complainant may file his or her employment discrimination claim instead of with the federal Equal Employment Opportunity Commission (EEOC)

Affirmative-Action plan

Provides that certain job preferences will be given to members of minority racial and ethnic groups, females, and other protected-class applicants when making employment decisions

Affirmative Action

A policy providing that certain job preferences will be given to minority or other protected-class applicants when an employer makes an employment decision

Americans with Disabilities Act Amendments Act (ADAAA) of 2008

A federal act that amends the ADA by expanding the definition of disability, requiring that the definition of disability be broadly construed, and requiring commonsense assessments in applying certain provisions of the ADA

Pregnancy Discrimination Act

A federal act that forbids employment discrimination because of pregnancy, childbirth, or related medical conditions

Civil Rights Act of 1886

A federal statute enacted after the Civil War that states that all persons "have the same right...to make and enforce contracts...as is enjoyed by white persons" this act prohibits race and national origin discrimination

Americans with Disabilities Act (ADA)

A federal statute that imposes obligations on employers and providers of public transportation, telecommunications, and public accommodations to accommodate individuals with disabilities

Genetic Information Nondiscrimination Act (GINA)

A federal statute that makes it illegal for an employer to discriminate against job applicants and employees based on genetic information

Lilly Ledbetter Fair Pay Act of 2009

A federal statute that permits a complainant to file an employment discrimination complaint against an employer within 180 days of the most recent paycheck violation and to recover back pay for up to two years preceding the filing of the claim if similar violations occurred during the two-year period

Age Discrimination in Employment Act (ADEA)

A federal statute that prohibits age discrimination practices against employees who are 40 years and older

Older Workers Benefit Protection Act (OWBPA)

A federal statute that prohibits age discrimination regarding employee benefits

Uniformed Services Employment Rights Act of 1994

A federal statute that protects and grants employment benefits to persons who serve or have served in the U.S. military service (Air Force, Army, Coast Guard, Marines, and Navy) or who is or has been a member of the Reserves or National Guard

Veterans' Benefits Act of 2010

A federal statute that protects and grants employment benefits to persons who serve or have served in the U.S. military services (Air Force, Army, Coast Guard, Marines, and Navy) or who is or has been a member of the Reserves or National Guard)

Equal Pay Act

A federal statute that protects both sexes from pay discrimination based on sex. It extends to jobs that require equal skill (i.e., equal experience), equal effort (i.e., mental and physical exertion), equal responsibility (i.e., equal supervision and accountability), and similar working conditions (e.g., danger of injury, exposure to the elements); A federal statute that protects both sexes from pay discrimination based on sex. It extends to jobs that require equal skill, equal effort, equal responsibility, and similar working conditions

Disparate-Treatment Discrimination

A form of discrimination that occurs when an employer discriminates against a specific individual because of his or her race, color, national origin, sex, or religion

Disparate-Impact Discrimination

A form of discrimination that occurs when an employer discriminates against an entire protected class. An example is discrimination in which a racially neutral employment practice or rule causes an adverse impact on a protected class

Gender Identity Discrimination

A form of gender discrimination against an individual because that person is transgender

Civil Rights Act of 1964

A historical and sweeping civil rights law that prohibited discrimination based on race, color, national origin, gender, and religion in public accommodations (e.g., motels, hotels, restaurants, theaters), by state and municipal government public facilities, by government agencies that receive federal funds, and in employment

Right to Sue Letter

A letter that is issued by the EEOC if it chooses not to bring an action against an employer that authorizes a complainant to sue the employer for employment discrimination

Qualified Individual with a Disability

A person who has a physical or mental impairment that substantially limits a major life activity who, with or without reasonable accommodation, can perform the essential functions of the job that person desires or holds

Supervisor

A person who is empowered by the employer to take tangible employment actions against the victim, such as making decisions regarding hiring and firing, promotion and demotion, reassignment, or a significant change in benefits

Title VII of the Civil Rights Act of 1964

A title of a federal statute enacted to eliminate job discrimination based on five protected classes: race, color, religion, se, and national origin. Also known as the Fair Employment Practices Act.

Title II Of the Genetic Information Nondiscrimination Act (GINA)

A title of a federal statute that makes it illegal for an employer to discriminate against job applicants and employees based on genetic information (e.g., propensity to be stricken by diseases)

Title I of the Americans with Disabilities Act (ADA)

A title of a federal statute that prohibits employment discrimination against qualified individuals with disabilities in regard to job application procedures, hiring, compensation, training, promotion, and termination

Bone Fide Occupational Qualification (BFOQ)

A true job qualification. Employment discrimination based on a protected class other than race or color is lawful if it is job-related and a business necessity. This exception is narrowly interpreted by the courts

Hostile Work Environment

A work environment that involves sexual or racial harassment or harassment against other protected classes that creates a physically threatening or humiliating workplace, a workplace that negatively impacts an employee's ability to go to work, or unreasonably interferes with an employee's work performance

Discrimination

Acts by employers, universities, public accommodations, and others that treat a person or a class of persons differently because of their race, color, national origin, gender, religion, age, disability, or other classes protected by law

Retaliation

An action taken by an employer against an employee for filing a charge of discrimination or participating in a discrimination proceeding against the employer (e.g., dismissal or demotion). Retaliation violates antidiscrimination laws

Coworker

An employee who is not a supervisor or manager

Punitive Damages

Damages that are awarded to punish the defendant to deter the defendant from similar conduct in the future and to set an example for others

Affirmative Defense

Defenses that are asserted in a defendant's answer to allegations contained in a plaintiff's complaint

Reverse Discrimination

Discrimination against a group that is usually thought of as a majority

Gender Discrimination (Sex Discrimination)

Discrimination against a person because of his or her gender

Sex Discrimination (Gender Discrimination)

Discrimination against a person because of his or her gender

Religious Discrimination

Discrimination against a person because of his or her religion or religious practices

Genetic Information Discrimination

Discrimination based on information from which it is possible to determine a person's propensity to be stricken by diseases

Employment Discrimination

Discrimination by an employer against a prospective employee or employee based on race, national origin, color, gender, religion, age, disability, veteran's status, and other protected classes

Age Discrimination

Discrimination in employment based on a person's age. Federal law prohibits age discrimination against employees who are 40 and older. State and local laws can establish younger ages for protection against age discrimination

Color Discrimination

Employment discrimination against a person because of his or her color; for example, a light-skinned person of a race discriminates against a dark-skinned person of the same race

Race Discrimination

Employment discrimination against a person because of his or her race, which include African Americans, Asians, Caucasians, Native Americans, and Pacific Islanders

Quid Pro Sex Discrimination

Gender discrimination in employment that occurs where sexual favors are requested in order to obtain a job or to be promoted

Same-Sex Harassment (Same-Gender Harassment)

Harassment in the workplace against an employee by another employee of the same sex that constitutes actionable gender harassment

Mental or Psychological Disorders

Intellectual disability (e.g., mental retardation), organic brain syndrome, emotional or mental illness, and specific learning disabilities examples: major depression, bipolar disorder, posttraumatic stress disorder, obsessive-compulsive disorder, and schizophrenia

Psychological Impairments

Includes any physical disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological, musculoskeletal, special sense organs, respiratory, cardiovascular, reproductive, digestive, genitourinary, hemic and lymphatic, skin, and endocrine

Gender Harassment (Sexual Harassment)

Lewd remarks, touching, intimidation, posting of indecent materials, and other verbal or physical conduct of a sexual nature that occurs on the job

Equal Opportunity Commission (EEOC)

The federal administrative agency that is responsible for enforcing most federal antidiscrimination laws

Equal Opportunity in Employment

The rights of all employees and job applicants (1) to be treated without discrimination and (2) to be able to sue employers if they are discriminated against

Reasonable Accommodation for Disability

Under Title I of the ADA, an employer's duty to reasonably accommodate an individual's disability if doing so does not cause an undue hardship on the employer

Reasonable Accommodation for Religion

Under Title VII of the Civil Acts Right of 1964, assistance an employer is under an obligation to give for the religious observances, practices, or beliefs of its employees if doing o does not cause an undue hardship to the employer

Undue Hardship

Under Title VII of the Civil Rights Act of 1964, a problem that is great enough to prevent an employer from accommodating the religious observances, practices, or beliefs of its employees