CH 18

In Order to Show Discrimination on the Basis of Disparate-Treatment in Hiring, a Person Must Show That:

1. she/he is a member of a protected class 2. she/he applied and was qualified for the job in question 3. she/he 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

To Establish a Prima Facie Case of Age Discrimination, the Plaintiff Must Show:

1. that she/he was a member of the protected age group 2. that she/he was qualified for the position from which she/he was discharged 3. that she/he was discharged because of age discrimination

Disparate-impact discrimination

A form of employment discrimination that results from certain employer practices or procedures that, although not discriminatory on their face, have a discriminatory effect.

The most important federal statute prohibiting employment discrimination against members of a protected class is

Title VII of the Civil Rights Act of 1964.

what are the three additional types of harassment that can be actionable.

harassment by coworkers, same gender harassment, and sexual orientation harassment

Choose which of the following is NOT a good defense against employment discrimination:

preference for male employees

Walter tells Irene that he will give her a raise if she agrees to have a romantic relationship with him. In legal terms this is known as

quid pro quo harassment

When labor practices discriminate against those in the majority it is called

reverse discrimination

Generally, the states are immune under the _____ Amendment from lawsuits brought by private individuals in federal court.

11th

Title VII applies to employers with _____ or more employees.

15

For the Age Discrimination and Employment Act to apply, the employer must have _____ or more employees.

20

Potentially, the most widespread form of discrimination is

age

In an age discrimination lawsuit, the employee has the burden of establishing __________ causation.

but for

What is one way for a plaintiff to prove a disparate impact?

by comparing the employer's workforce to the pool of qualified individual available in the local market

Ming applies for a job as a receptionist at an engineering firm. If she is denied a job because she is of Asian origin, she may be a victim of

disparate-treatment discrimination

Min applies for a job as a receptionist at an accounting firm. If she is denied a job because she is of Asian origin, she may be a victim of

disparate-treatment discrimination.

Sexual Harassment Can Take Two Forms.

1. Quid Pro Quo harassment occurs when sexual favors are demanded in return for job opportunities, promotions, salary increases, or other benefits 2. 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 ADA Defines a Disability as Including Any of the Following:

1. a physical or mental impairment that substantially limits one or more of the major life activities of the affected individuals 2. a record of having such an impairment 3. being regarded as having such an impairment

Reasons Why an Employer Can Fire or Refuse to Hire a Person Who Is an Alcoholic.

1. he/she poses a sustantial risk of harm either to himself or herself or to others 2. the risk cannot be reduced by reasonable accomdation

To Prevail on a Claim under the ADA, the Plaintiff Must Show That:

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

The Two Elements of the Ellerth/Faragher Affirmative Defense.

1. the employer must have taken reasonable care to prevent and promptly correct any sexually harassing behavior (by establishing effective harassment policies and complaint procedures, for instance). 2. the plaintiff-employee must have unreasonably failed to take advantage of preventive or corrective opportunities provided by the employer to avoid harm

In addition to the Civil Rights Act of 1964, victims of racial or ethnic discrimination may also have a cause of action under

42 USC Section 1981

Protected class

A class of persons with identifiable characteristics who historically have been victimized by discriminatory treatment for certain purposes. Depending on the context, these characteristics include age, color, gender, national origin, race, and religion.

Business necessity

A defense to allegations 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.

Tangible employment action

A significant change in employment status, such as firing or failing to promote an employee, reassigning the employee to a position with significantly different responsibilities, or effecting a significant change in employment benefits.

Calvin has difficulty seeing, but uses voice recognition software allowing him to dictate articles. His computer is also specially designed for visually impaired individuals. The Daily Times interviews Calvin but offers the job to a sighted person instead. The Daily Times may have violated the

ADA

The primary law that deals with discrimination based on disability is the:

ADA

The federal agency that monitors compliance with Title VII is the

EEOC

Seniority system

In regard to employment relationships, a system in which those who have worked longest for the company are first in line for promotions, salary increases, and other benefits; they are also the last to be laid off if the workforce must be reduced.

Sexual harassment

In the employment context, the granting of job promotions or other benefits in return for sexual favors or language or conduct that is so sexually offensive that it creates a hostile working environment.

Affirmative action

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

Melanie and Beau both work at comparable jobs at Technology Impact, Inc. Melanie is paid 15 percent less than Beau. Which of the following is not a legitimate defense to this pay inequality?

The company pays Melanie less because she has a husband who is a highly successful businessperson.

Employment discrimination

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

Legislation, judicial decisions, and administrative agency actions prohibit employers from discriminating against workers on the basis of all EXCEPT:

ability to get the job done

Employers must make a reasonable attempt to __________ employees' sincerely held religious beliefs.

accommodate

During the 1960s, all federal and state government agencies, private companies contracting to do business with the federal government, and institutions that received federal funding were required to implement_______________ policies.

affirmative action

After-acquired evidence of an employee's wrongdoing, or misconduct, is:

at best only a limitation on an employer's liability for employment discrimination

The University Smyth has an admissions policy that requires a certain number of points to be automatically awarded to minority applicants. This type of policy may violate the

equal protection clause

T/F Punitive damages for unlawful discrimination under Title VII may be recovered against a private employer under all circumstances.

false

To succeed in a suit for gender discrimination, a plaintiff must demonstrate that ________ was a determining factor in the employer's decision to hire, fire, or promote him or her.

gender

An employer is not required to make an accommodation for one's religious beliefs and practices that would cause the employer undue ________

hardship

City Presbyterian Church needs a new headmaster. Mohammad, a devout Muslim, applies for the job. The church declines to hire him and continues to look for other applicants. If Mohammad files a claim of illegal discrimination against the church, the church

may assert a bona fide occupational qualification (BFOQ) defense.

Eastminster Presbyterian Church has an opening for a new head pastor. Mohammed, who is a Muslim, applies for the job. The church declines to hire him and continues to look for other applicants. If Mohammed files a claim of illegal discrimination against the church, the church

may assert a bona fide occupational qualification (BFOQ) defense.

Roberto lives in an area with a high percentage of Hispanic workers, most of which have not had any college education. If, when Roberto applies for a job, he is given an examination designed for a college graduate, and if he and most Hispanic applicants fail the test, the employer

might be engaged in disparate-impact discrimination

Julio lives in an area with a high percentage of Hispanic workers. Many of these workers are legal immigrants who have relatively little college training. If, when Julio applies for his job, he is given an examination designed for a college graduate, and if he and most Hispanic applicants fail to pass the test, the employer

might be engaged in disparate-impact discrimination.

Melissa works as a computer data-entry operator at VeraSign. Melissa informs VeraSign that she suffers from carpal tunnel syndrome, causing pain in her wrists rendering her unable to use a keyboard. Melissa requests as an accommodation that VeraSign hire a data-entry employee to enter the information on her behalf. VeraSign refuses to do so. VeraSign has

not violated the ADA because the requested accommodation is an undue hardship on the employer.

Carl tells Jenny that he will give her a raise if she agrees to have a romantic relationship with him. In legal terms, this is known as

quid pro quo harassment.

Many affirmative action cases that have reached the Supreme Court _______ have involved university admissions programs.

recently

Affirmative action programs normally are constitutional only if they attempt to ______ past discrimination and do not make use of quotas or preferences.

remedy

Wally is blind and would like to work for Dairy Times writing articles on the dairy industry. Wally uses voice-recognition software that allows him to dictate articles to his computer. His computer is specially designed for visually impaired individuals. Dairy Times interviews Wally but offers the job to a sighted person instead. Dairy Times may have violated

the ADA

Choose the one law listed below that is NOT related to gender discrimination:

the Age Discrimination Act

T/F Constructive discharge occurs when the employer causes the employee's working conditions to be so intolerable that a reasonable person in the employee's position would feel compelled to quit.

true

T/F Drug addiction is considered a disability under the ADA, but the act does not protect those who are actually using illegal drugs.

true

T/F If a person can show points a, b, c, and d in question 7 above, then that person can make out a prima facie case of illegal discrimination.

true

T/F In 2011, the United States Supreme Court limited the rights of employees to bring discrimination claims against their employers as a group in the form of a class action lawsuit.

true

T/F In a retaliation claim, an individual asserts that she or he has suffered harm as a result of making a charge, testifying, or participating in a Title VII investigation or proceeding.

true

Milford is 55 and works for a company covered by the ADEA of 1967. He wishes to bring a claim of age discrimination because he was replaced by a younger, lower-paid worker. To make out a prima facie case, Milford does NOT have to establish that he

was replaced by someone who is below the age of 40.

Kurt is 52 years old and has worked for a company covered by the Age Discrimination in Employment Act (ADEA) of 1967. He wants to bring a claim of age discrimination against his employer because he was replaced by a younger, lower-paid worker. To make out a prima facie case of age discrimination, Kurt does not have to establish that he

was replaced by someone who was below the age of 40.

Rheingold Supply has a seniority system by which employees who have worked the longest are first in line for promotions and last to be laid off. As a result, most of the senior managers at Rheingold Supply are men. If Jane files a claim of illegal discrimination, Rheingold Supply

will have a legitimate defense because Rheingold Supply has a seniority system in place.