CHAPTER 18 BLAW 320

Title V11 applies to employers involved with

interstate commerce with 15 or more employees

What remedies are available under Title VII of the Civil Rights Act?

Plaintiff may receive: Reinstatement Back pay Retroactive promotions Damages Plaintiff cannot increase damages. You have to mitigate damages. You cant be at home and just wait for trial. You have to keep moving as soon as possible and settle for difference in court. Example: You get in car accident and the other person is at fault. You make a claim and get lawyer to sue. You don't stop going out with your life such as going to work and think that insurance will pay you for not working. You were still able to work.

Generally, what kind of conduct is prohibited by Title VII of the Civil Rights Act?

Prohibits discrimination in employment on the basis of race, sex, PREGNANCY, color, religion, and national origin

After-Acquired Evidence of Employee Misconduct

After the employer fires a person his or her gender and the person sues . Employer discovers that employee lied on resume. The court will lower remedy amount due to misconduct by employee. Evidence of employee's misconduct uncovered during discovery in preparation for a defense against discrimination suit Not an absolute defense for employer but can limit damages

Bona Fide Occupational Qualification

wont be the right answer in the test.

What are two methods of Sexual Harassment?

1.) Quid pro quo harassment 2.) Hostile-environment harassment both are pervasive and severe

Intentional: Disparate-treatment discrimination

Applicant must prove: - Is a member of a protected class - Applied, is qualified, and was rejected for a job - Employer continued to seek applicants - Burden then shifts to employer who must articulate a legal reason for not hiring

What is the difference between disparate-treatment discrimination and disparate-impact discrimination?

Disparate treatment- intentional Disparate impact- unintentional

Constructive Discharge

Employer causes working conditions to be so intolerable that a reasonable person would quit

How can employer prove he is not liable for harassment?

Employer must have taken reasonable care to prevent and promptly correct any sexually harassing behavior, and Plaintiff-employee must have unreasonably failed to take advantage of preventative or corrective opportunities to avoid harm.

Discrimination Based on Gender

Employers are prohibited from classifying jobs based on gender, unless employer can prove gender is essential to the job. Women impacted by pregnancy must be treated the same as other employees

Discrimination Based on Religion

Employers must reasonably accommodate sincerely held religious practices, unless to do so would cause undue hardship to employer's business.

Who monitors the Title V11?

Equal Employment Opportunity Commission (EEOC)

Online Harassment

Hostile work environment created using company chat, blogs, email Employers can avoid liability with prompt remedial action. Employees may be discharged for using company computers to distribute offensive material to coworkers.

Prima facie case in Age Discrimination

Member of the protected age group Qualified for position from which discharged Discharged because of age discrimination

What are three defenses to claims of employment discrimination?

Member of the protected age group Qualified for position from which discharged Discharged because of age discrimination

What is Equal Employment Opportunity Commission (EEOC)?

Monitors compliance with Title VII and Generally only investigates "priority" cases like retaliatory firings. EEOC must be contacted first before you file lawsuit against employer. You have to qualified

Unintentional: Disparate-impact discrimination

Occurs when a protected group of people is adversely affected by an employer's practices, procedures, or tests, even though they do not appear to be discriminatory

Is being over weight considered as a disability?

Only if you are twice the weight of the medical average person similar to height and gender?

Example of Unintentional: Disparate-impact discrimination?

Rate of hiring: plaintiff compares rates of members of protected class with nonmembers in employer's workforce. Less than 80% may show disparate impact

Quid pro quo harassment

Sexual favors are demanded in return for job opportunities, promotions, salary, increases, etc.

What federal act prohibits discrimination based on age?

The Age Discrimination in Employment Act (ADEA) protects individuals over 40 from workplace discrimination. Only for employers that have 20 or more employees and act in interstate business. Plaintiff must first exhaust her claim through the EEOC process. Must meet five requirements.

Business Necessity

The employer must demonstrate a job qualification is reasonably necessary to the legitimate conduct of the business. For disparate impact discrimination Example: Women boutique hires only women so customers can feel safe and comfortable.

Hostile-environment harassment

The workplace has discriminatory intimidation, ridicule, or insults so severe as to alter the conditions of the victim's employment and create an abusive working environment. Pervasive and severe***

Discrimination Based on Race, Color, and National Origin

Title VII prohibits employment policies or intentional/ negligent discrimination on basis of race, color or national origin.

What Is a Disability?

You can have one of the below and qualify: 1.) Physical or mental impairment that "substantially limits one or more of major life activities 2.) A record of such impairment 3.) Being regarded as having such an impairment