Chapter 21

The Americans with Disabilities Act (ADA)

prohibits disability-based discrimination in all workplaces with fifteen or more workers.

The Age Discrimination in Employment Act

prohibits employment discrimination on the basis of age against individuals forty years of age or older also prohibits mandatory retirement.

Title VII of the Civil Rights Act.

prohibits employment discrimination on the basis of race, color, religion, national origin, and gender at any stage of employment

Quid pro quo harassment

"this for that" harassment occurs when sexual favors are demanded in return for job opportunities, promotions, salary increases, or other benefits.

4 steps in establishing prima facie cases

1. The plaintiff is a member of a protected class. 2. The plaintiff applied and was qualified for the job in question. 3. The plaintiff was rejected by the employer. 4. The employer continued to seek applicants for the position or filled the position with a person not in a protected class.

3 steps in establishing desperate-impact cases

1. as a result of educational or other job requirements or hiring procedures, 2. the percentage of nonwhites, women, or members of other protected classes in the employer's workforce 3. does not reflect the percentage of that group in the pool of qualified applicants.

3 steps in establishing ADA

1. has a disability, 2. is otherwise qualified for the employment in question, and 3. was excluded from the employment solely because of the disability.

Uniformed Services Employment and Reemployment Rights Act (USERRA)

1. protects civilian job rights and benefits for members of the military, former military personnel, and reservists. 2. provides additional protections for veterans who are disabled. 3. prohibits discrimination against persons who have served in the military.

prima facie case

A case in which the plaintiff has produced sufficient evidence of his or her claim that the case will be decided for the plaintiff unless the defendant produces evidence to rebut it.

business necessity

A defense to an allegation of employment discrimination in which the employer demonstrates that an employment practice that discriminates against members of a protected class is related to job performance.

disparate-treatment discrimination

A form of employment discrimination that results when an employer intentionally discriminates against employees who are members of protected classes.

protected class

A group of persons protected by specific laws because of the group's defining characteristics, including race, color, religion, national origin, gender, age, and disability.

tangible employment action

A significant change in employment status or benefits, such as occurs when an employee is fired, refused a promotion, or reassigned to a lesser position.

seniority system

A system in which those who have worked longest for an employer are first in line for promotions, salary increases, and other benefits, and are last to be laid off if the workforce must be reduced.

constructive discharge

A termination of employment brought about by making the employee's working conditions so intolerable that the employee reasonably feels compelled to leave.

bona fide occupational qualification (BFOQ)

An identifiable characteristic reasonably necessary to the normal operation of a particular business. Such characteristics can include gender, national origin, and religion, but not race.

Disparate-impact discrimination

Discrimination that results from certain employer practices or procedures that, although not discriminatory on their face, have a discriminatory effect.

affirmative action

Job-hiring policies that give special consideration to members of protected classes in an effort to overcome present effects of past discrimination.

sexual harassment

The demanding of sexual favors in return for job promotions or other benefits, or language or conduct that is so sexually offensive that it creates a hostile working environment.

Ellerth/Faragher affirmative defense 2 elements

The employer must have taken reasonable care to prevent and promptly correct any sexually harassing behavior The plaintiff-employee must have unreasonably failed to take advantage of preventive or corrective opportunities provided by the employer to avoid harm.

employment discrimination

Unequal treatment of employees or job applicants on the basis of race, color, national origin, religion, gender, age, or disability; prohibited by federal statutes.

reverse discrimination

discrimination against members of a majority group, such as white males. covered in title VII

The Pregnancy Discrimination Act

expanded Title VII's definition of gender discrimination to include discrimination based on pregnancy. Women affected by pregnancy, childbirth, or related medical conditions must be treated the same as other persons not so affected but similar in ability to work.

Hostile-environment harassment

occurs when a pattern of sexually offensive conduct runs throughout the workplace and the employer has not taken steps to prevent or discourage it

The Equal Employment Opportunity Commission (EEOC)

monitors compliance with Title VII

The Equal Pay Act

requires equal pay for male and female employees working at the same establishment doing similar work.