B-Law Ch 22

Title VII of the Civil Rights Act of 1964 applies to employers with how many employees? What does it mean if the employer doesn't reach that quota?

15 or more Does not necessarily mean they are exempt

The age discrimination in employment act, prohibits employment discrimination on the basis of age against individuals ____ year of age or older.

40

This type of sexual harassment occurs when a train of sexual conduct runs throughout the workplace and the employer does nothing to discourage it

Hostile-Environment

It is or is not unconstitutional for schools to apply "bonuses" under the basis of race or ethnicity.

Is not

In order for an employee to file a complain of "Disparate-treatment Discrimination" against the employer. The employee must prove: 1. They are a _______ of a protected class 2. They applied and was ___________ for the job in question 3. They were ________ by the employer 4. The employer continued to seek applicants for the position or filled the position with a person who is not in a __________ class

Member Qualified Rejected Protected

For an employer to be not liable for supervisor's harassment, he/she must prove 1. The employer must have taken reasonable care to _______ and promptly correct any sexually harassing behavior 2. The plaintiff-employee must have unreasonably failed to take advantage of __________ by the employer to avoid hard

Prevent Opportunity

If the employee meets these 4 demands under the disparate-treatment discrimination, then they would make out as a _____ ______ ______. Which indicates that the employee has met their initial burden of proof and will win unless the employer provides a reasonably legal accepting defense

Prima Facie Case

This type of sexual harassment occurs when sexual favors are demanded in return for job opportunities.

Quid Pro Quo

Employer's are prohibited to take this action according to the Title VII, this action is the form of demoting or firing an employee who complain about violations regarding the Title VII

Retaliation

Title VII also protects agains this type of discrimination, which is the discrimination against majority group individuals, such as white males.

Reverse Discrimination

If job benefits and promotions are according to this type of system (where workers with more years of service or promoted first and laid off last) than the employer normally has a good defense agains the discrimination suit

Seniority System

In order for an employer to be held liable for a supervisor's sexual harassment, there should be this type of action which is a significant change in employee's status or benefits.

Tangible Employment Action

In order to pursue a claim with the ADA, the plaintiff must show that 1. They have a ___________ 2. They are ________ for the employment 3. They were excluded from the employment solely based on the ____________

Disability Qualified Disability

The Equal Employment Opportunity Commission (EEOC) regulates and recovers any damages done to the employee from what?

Discriminatory actions took by the employer

This is known as, when a protected group of people is adversely affected by an employer's practices and procedures even though that they may not seem to be discriminatory

Disparate-Impact Discrimination

This is known as an intentional discrimination by an employer against an employee

Disparate-treatment discrimination

The ADA does or does not require employer's to make reasonable accommodations to the disabled employee if they are not qualified for the work anymore due to their disability

Does not

One an affirmative program has succeeded in the goal of remedying past discrimination, than by law the employer is subject to what?

Dropping or changing the Affirmative program

True or False: An employer must make any employee's wishes come true dependent on religious practices. The employer must accommodate anything for the employee even if it means putting the business in harm.

False

True or False: The ADA protects those who are using illegal drugs for they are undergoing impairment

False

True or False: Women affected by pregnancy , childbirth, or related medical conditions don't necessarily have to be treated the same as other persons that are not affected by the same causes.

False They must be treated equally

True or False: Employers cannot treat their employees more or less favorably based on their religion. Nor can they require employees to participate in any religious activity.

True

True or False: Title VII also protects employees from sexual harassment in the workplace.

True

True or False: Title VII of the Civil Rights Act of 1964 prohibits both intentional and unintentional discrimination done by the employer.

True

True or False: Under Title VII employers cannot discriminate against gender. They cannot either make a seniority list based on gender as well, there should be no promotion list based on gender.

True

True or False: Title VII of the Civil Rights Act of 1964 and its amendments prohibits job discrimination against employees, applicants, and union members on basis of race, color, ethnicity, religion, etc.

True

The equal pay act, required equal pay for both males and females employees working at the same establishment doing the same _______. If they were not doing the same work, than it is okay for them to get paid differently and it wont be discriminated as a ______ discrimination

Work Wage

The plaintiff of an employee who has undergone the employment discrimination act has to prove that he/she was replaced by someone who is _______ than themselves.

Younger

An employer must reasonably ________ the religious practices of its employees, unless to do so would cause undue hardships to the employer's business.

Accomodations

This type of action is a program that was set up to "make up" for past patterns of discrimination and gives these certain workers preferential treatment in hiring and promotion

Affirmative Action

In some situation by acquiring this type of evidence, the employer that was charged with the lawsuit of discriminatory practices may be reduced of the amount of damages for which he/she is liable for. This type of evidence is known as the evidence that is found after the lawsuit is filed.

After-Acquired Evidence of Employee Misconduct

Another defense for an employer against discrimination is that a particular trait is essential to a job

Bona Fide Occupational Qualification

One way for an employer to defend his case of disparate-impact discrimination is by asserting that his/her practice of discrimination is a __________ _________

Business Necessity

This occurs when the employer causes the employee's working conditions to be so harsh and intolerable that a reasonable person in the employee's position would be compelled to call it quits

Constructive Discharge

The American's with Disabilities Act prohibits disability-based discrimination in all workplaces. Under the ADA employers are required to reasonably accommodate the needs of persons with disabilities unless doing so would cause _______ to their business.

Harm

An employer can refuse work to an alcoholic if they prove that 1. They are a substantial risk or ________ to either themselves or other workers 2. The risk cannot be reduced by __________ ___________

Harm Reasonable Accommodation