Bus Law - Chapter 33

vicariously liable

Harassing Party: Supervisor Employer is ___ ___ for a harassing supervisor's conduct where no tangible employment action is taken and the employer cannot prove an affirmative defense

strictly liable

Harassing Party: Supervisor Employer is ____ ____ for a harassing supervisor's conduct if a tangible employment action is taken against the victim (fired, demoted,etc)

protected class Because severe and pervasive interfered intimidating

Harassment - Hostile Work Env Factors: --Plaintiff is a member in a ___ ____; --_-_ of Plaintiff's membership in that; --Plaintiff suffered ___ and ____ conduct that unreasonably ____with work performance or created an ____, hostile or offensive work environment.

race religion disability

Harassment is recognized by courts when based on sex, ___, national origin or ethnicity, ___, ____, and considered as to age

Americans with Disabilities Act:

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

Equal Pay Act

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

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

Quotas:

A limited or fixed number or amount of people or things (eg Making sure at least 150 Asian people get into a school). This is illegal

Affirmative Action plan:

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

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, sex, and national origin. Prohibits private employers from discrimination against employees in terms of all employment decisions.

Bona Fide Occupational Qualification:

A true job qualification. Employment discrimination based on a protected class other than race or color is lawful if it job-related and a business necessity.

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

Undue hardship

Actions that would require significant difficulty or expense so that the employer does not have to provide accommodations to those with disabilities

Yes

Can religious organizations give preference to individuals of a particular religion?

"Reverse" discrimination under Title VII:

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

4/5

Disparate Impact -Policy seems neutral, but results in unequal treatment ----EEOC "__/___ Rule:" Discrimination presumed where selection rate for particular group is less than __/___ of the selection rate for the highest selected group

class qualified adverse discrimination

Disparate Treatment - Circumstantial Evidence: Prima Facie Case -Member of ___ -___ for position - ___ employment action -Under circumstances giving rise to inference of ___

No

Does Title VII include sexual orientation?

No

Does Title VII protect independent contractors?

GINA - Genetic Info Non-Discrim Act

Employers can find out what your genetics are through health insurance - This Act disallows employer from discriminating against someone for their genetics. In the past, this prevented people with medical conditions from switching jobs

Pennsylvania Human Relations Commission:

Enforces state laws that prohibit discrimination. Investigates employment discrimination complaints on behalf of the EEOC

Quid Pro Quo Sex Harassment:

Gender discrimination in employment that occurs where sexual favors are requested in order to obtain a job or be promoted. This violates Title VII

negligent

Harassing Party: Coworker/third party Employer is liable if it was ___ in controlling the workplace Employer knew or should have known about harassment; and Employer failed to take prompt action to remedy the situation

Equal Employment Opportunity Commission:

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

Wrongful discharge:

The unlawful discharge of an employee

Pregnancy Discrim Act

Title VII Amendments: Broadens term "because of sex" to include on the basis of pregnancy, childbirth or related medical condition Shall be treated the same for all employment-related purposes . . . as other persons similar in their ability or inability to work

Civil Rights Act of 1991

Title VII Amendments: _______ Codified disparate impact Permits jury trial Permits punitive and compensatory damages

Reasonable accommodation:

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

Seniority Merit Quantity or quality of product Any factor other than sex

What 4 criteria justify a differential in wages?

Back pay Front pay Comp Damages Liquidated/punitive damages attorney's fees

What are some potential damages from Title VII cases?

National Labor Relations

___ ____ ____ ACt Employee protections Employees shall have the right to self-organization . . . and to engage in other concerted activity for the purpose of collective bargaining or other mutual aid or protection. Right to strike Right to picket

Retaliation

___ is one of the most prevalent employment-based claims

Disparate treatment

____ _____ discrimination: A form of discrimination that occurs when an employer discriminates against a specific individual because of his 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

ADEA

____protects employees who are 40 or older from adverse employment decisions based on their age (or stereotypes related to age). Applies to employers of 20 or more Slightly different defenses than Title VII claims Reasonable Factor Other than Age Limited damages

An adverse job action

an employer's action that affects an employee's job negatively. Losses of pay, termination, or demotion are all examples

Business necessity

an employer's defense of an employment related decision that is based on the requirements of the business and is consistent with other such decisions. To establish this, an employer must prove that the practice is job related and consistent with ___ ____

whistleblower

anyone who has and reports insider knowledge of illegal activities occurring in an organization

Constructive discharge:

occurs when an employee resigns as a result of the employer creating a hostile work environment. Since the resignation was not truly voluntary, it is, in effect, a termination.

Right to work state:

requires unionized workplaces to become "open shops" where employees must be allowed to work regardless of whether or not they join the union

prima facie Title VII discrimination case

where the plaintiff has sufficient evidence to prove that their employer discriminated against them. Unless the employer is able to present evidence to the contrary, the employee victim will likely prevail.

No - have to go through collective bargaining

Are there at-will agreements in unions?

gender identity

Employment discrimination based on ___ ____: Discrimination against an individual because that person is transgender

15

How many employees must an employer have to be required to follow Title VII?

Direct evidence - saying something directly Circumstantial - something "appears" to be discrimination

In what 2 ways can a plaintiff show discrimination in a disparate treatment case?

No - becomes discrimination when it's tied to sex

Is how you look a protected class?

No

Is there federal protection for gender identity and sexual orientation?

Race, color, religion, sex, and national origin

What are the 5 categories of protected classes under Title VII?

Employment contracts Federal, State, Local statutes

What are the two exceptions/limitations to the employment at will rule?

Quid Pro Quo Hostile Work Environment

What are the two types of harassment?

Active, former, and applicants

Which 3 classes of employees/would-be employees are protected under Title VII

Civil Rights Act of 1991

Which Act? Second statute that backs up the 1964 act - increase damages available to plaintiff because so much discrimination still exists - Triple the amount of damages available

Circumstantial

Which type of evidence is more common?