Employment Law Exam 3

Supreme court cases

Altitude Express Inc. v. Zarda: Sexual orientation is protected by Title VII -ruled that under Title VII of the Civil Rights Act of 1964 employees could not be discriminated against on the basis of sexual orientation or gender identity. Bostock v. Clayton County: Firing individuals because of their sexual orientation violates Title VII's prohibition on discrimination because of sex. R.G. & G. R. Harris Funeral Homes v. EEOC: ruling that Title VII's "discrimination by sex" includes transgender persons

Elements of Hostile Environment Sexual Harassment

1. Unwelcome physical, non-verbal, or verbal sexual advances 2. Based on sex 3. Severe or pervasive 4. Conduct that creates a hostile, abusive, or offensive work environment 5. Unreasonably interferes with the employees work 6. Employer knew or should've known and did not take any action Defense: PPP (Policy, Procedure, Prompt Remedial Action)

Price Waterhouse v. Hopkins (1989)

A Supreme Court case in which Ann Hopkins sued her employer, Price Waterhouse, claiming that they had discriminated against her on the basis of sex in violation of Title VII of the Civil Rights Act, on the theory that her promotion denial had been based on sexual stereotyping. The Supreme Court accepted the argument that gender stereotyping does exist and that it can create a bias against women in the workplace that is not permissible under Title VII of the Civil Rights Act. By court order Ann Hopkins was made a full partner in her accounting firm. Gender Stereotyping constitutes sex discrimination under Title VII -Six members of the Court held that adverse employment action like this, rooted in "sex stereotyping" or "gender stereotyping," was actionable sex discrimination. -Under Price Waterhouse, a discharge (or other adverse employment action) based at least partly on gender stereotyping is unlawful sex discrimination under Title VII.

Gender discrimination Examples

Advertising Application questions Interview questions Requiring one gender to work different hours or job positions Disciplining Not considering legitimate differences between genders Training Seniority systems Different wages and benefits Different terms or conditions of employment (Case: Wedow v. City of Kansas City, Missouri) Terminating one gender for different reasons

Which of the following statements is true? No transsexuals are transgender. No transgenders are transsexual. All transgenders are transsexual. All transsexuals are transgender.

All transsexuals are transgender.

Katherine, a teacher at a private school, became pregnant before her marriage. When she informed the management of the school about her pregnancy, she was told that she could not keep her job because having an unwed, pregnant teacher and, later, an unwed mother is bad for the school's reputation. Katherine feels that her employer's action is discriminatory. Which of the following statements is true in this situation? Katherine has a valid disparate impact claim against her employer. Katherine cannot bring a case under Title VII of the Civil Rights Act of 1964 because the act protects only pregnant women who are married. Katherine can bring a case of gender-plus discrimination against her employer. Katherine cannot bring a case under Title VII of the Civil Rights Act of 1964 because the act does not cover private employers.

Katherine can bring a case of gender-plus discrimination against her employer.

Padma works as a sales clerk at Lavy, an upscale cosmetic brand. Hector is also a sales clerk in the same store. They were both hired the same year and have similar experience and qualifications. However, Hector is routinely paid more than Padma. If Padma files a claim under the Equal Pay Act, Padma will lose if Lavy pays: Based on the sales generated by each employee, and Hector generates more sales than she does. Hector more because he is the only Hispanic male employee. Hector more because he is a male employee, and his family members are dependent on him. Based on the age of an employee, and Hector is older than she is.

Based on the sales generated by each employee, and Hector generates more sales than she does.

Which Supreme Court case held that sexual orientation is a protected category under Title VII? Weaver v. Nebo School District Bostock v. Clayton County, Georgi Hively v. Ivy Tech Macy v. Holder

Bostock v. Clayton County,

An employer's sexual harassment policy should include which of the following?: Procedures for education and training A penalty of dismissal for every proven incidence of sexual harassment, regardless of severity A process for making, investigating, and resolving a sexual harassment claim Both a process for making, investigating, and resolving a sexual harassment claim AND procedures for education and training

Both a process for making, investigating, and resolving a sexual harassment claim AND procedures for education and training

Employers may not forgo hiring those of a certain gender because of logistical issues unless it involves an unreasonable financial burden

Examples: -Female sports reporters going into male athletes' locker rooms -Female firefighters sleeping at a fire station -Lack of bathrooms at a construction site, case: Lynch v.Freeman

gender stereotypes/ stereotyping

widely held beliefs about characteristics deemed appropriate for males and females -which occurs when an employee suffers an adverse action if he or she fails to conform to gender norms

Fetal protection policies

Policies an employer institutes to protect the fetus or the reproductive capacity of employees. -Limit or prohibit employees from performing certain jobs or working in certain areas illegal discrimination-Where these policies apply only to women and not men when both are shown to be adversely affected by the conditions or when they take way job discrimination protection from female employee rather than letting her make her own decions, it can violate the law. -Many times these policies only consider females

Rob works at Corner Gym as the office secretary. His male co-workers are all trainers and fitness specialists. They refer to Rob as a "pretty man" because he does not lift weights, and they routinely call him "Roberta." They sometimes even go to the extent of imitating the way he walks and behaves and telling him that he acts like a girl. Rob is very disturbed because of the way he is treated at work. Which of the following holds true in this scenario? Rob has a valid claim under Title VII for discrimination based on sexual orientation. Rob does not have a valid cause of action under Title VII because the act does not cover private employers. Rob does not have a valid cause of action under Title VII because he was not physically harassed by his co-workers. Rob has a valid claim under Title VII because it prohibits same-gender sexual harassment.

Rob has a valid claim under Title VII because it prohibits same-gender sexual harassment.

Military "Don't Ask, Don't Tell" Policy

Under Clinton, the Armed Forces started this policy basically allowing the practice as long as it was not open and publicly stated. -directed that military applicants were not to be asked about their sexual orientation.

family responsibility discrimination

Women are more likely to suffer adverse employment actions taken against them because of their care giving responsibilities

Paul is being subjected to severe, pervasive, and unwelcome sexually harassing behavior from his supervisor, Greg. Can Paul bring a suit against Greg for sexual harassment under Title VII of the Civil Rights Act of 1964? No he cannot if Greg uses the bona fide occupational qualification defense. No he cannot because men are not protected against sexual harassment under Title VII. No he cannot if the harassment is based on sexual orientation. Yes he can because Title VII prohibits same-gender sexual harassment.

Yes he can because Title VII prohibits same-gender sexual harassment.

Causes of action under gender/sex discrimination

-Disparate treatment (direct and circumstantial) Elements: INTENTIONAL the person was a member of a protected class, they has the minimum qualifications to do the job the employer was seeking applicants for, they faced adverse action, and differential treatment. Defense: LNDR, BFOQ, Seniority -Disparate impact the policy or procedure that is neutral on face that negatively affected a protected class (4/5 rule) Defense: Business necessity -Retaliation -Gender plus discrimination -Pregnancy Discrimination -Gender Stereotype

Protection for equal pay

-Equal Pay Act (Part of FSLA) -Fair pay Act (introduced in house of representatives) -Paycheck Fairness Act (Introduced in Senate) -Lily Ledbetter Law: The Act allows individuals facing pay discrimination to seek rectification under federal anti-discrimination laws.

Current Issues in Gender Discrimination Faced by Women

-Fewer opportunities for advancement -Less opportunity for networking -Less opportunity for mentoring -Work/Family conflict -Pay Inequality -Lower expectations by peers 42% women today say they have experienced gender discrimination

How can we address sex discrimination and harassment in the workplace

-Look at data: fraction of men and women hired -Fix systems: compensation, performance support, advertisment -Revise succession planning

Quid Pro Quo Sexual Harassment

-Requires abuse of power between supervisor and subordinate -Harasser requests sexual activity from the harassee in exchange for workplace benefits NO DEFENSE

Oncale v. Sundowner Offshore Services

-SCT ruled that same-sex harassment is prohibited by Title VII -Title VII bars all forms of discrimination "because of" sex -It does not matter if discrimination is motivated by sexual desire, as long as it places its victim in an objectively disadvantageous working condition

Consequences from Gender Discrimination

-negative effect on confidence as a professional -negative effect on career advancement -negative effect on job satisfaction -negative effect on organizational commitment

Which of the following is true about a "love contract"? The love contract is an agreement of the parties that they will take any complaints directly to the EEOC. Love contracts are meant for employees at the same level in the company .The love contract confirms both parties' understandings of the existence of an employer's sexual harassment policy. The love contract confirms the involuntary nature of the relationship.

.The love contract confirms both parties' understandings of the existence of an employer's sexual harassment policy.

According to a company's grooming policy, male customer relationship executives can wear normal business attire to work, but female employees are required to wear uniforms, though both perform the same duties. Which of the following holds true in this scenario? A female employee has a valid gender discrimination claim because Title VII of the Civil Rights Act of 1964 restricts employers from imposing grooming codes on their employees. A female employee does not have a claim for gender discrimination under Title VII of the Civil Rights Act of 1964 as long as the company can show that both male and female customer relationship executives are paid equally. A female employee does not have a claim for gender discrimination under Title VII of the Civil Rights Act of 1964 because the company hires both male and female employees. A female employee has a valid gender discrimination claim under Title VII of the Civil Rights Act of 1964 because female employees are being treated differently from male employees regarding attire with no reasonable job-related justification.

A female employee has a valid gender discrimination claim under Title VII of the Civil Rights Act of 1964 because female employees are being treated differently from male employees regarding attire with no reasonable job-related justification.

gender/sex discrimination

Any practice, policy, or procedure that denies equality of treatment to an individual or to a group because of gender. Based on stereotypes and biases.

In addition to bringing a lawsuit under Title VII, harassees may bring a civil action in state (and sometimes federal) court alleging which of the following? Sexual harassment and/or trespass Sexual harassment and/or breach of contract Assault and/or interference with contractual relations False imprisonment and/or breach of contract

Assault and/or interference with contractual relations

Frank, a maintenance worker at the Breakwater Swimming Club, is physically attracted to Brenda, one of the swimming instructors. Though Brenda has shown no interest in him, he has been stalking her, making lewd comments to her, and making sexual threats. Frank has been careful to keep his behavior very low profile. Brenda does not bring this matter up with the club's management but instead decides to quit her job and file a claim of sexual harassment against the club. Which of the following holds true in this scenario? Breakwater Swimming Club will be liable for Frank's behavior, regardless of its ignorance of Frank's activities. Breakwater Swimming Club will not be liable for Frank's behavior under any circumstances because private employers are not covered under Title VII of the Civil Rights Act of 1964. Breakwater Swimming Club can avoid liability if it can be shown that there was no way for it to be made aware that there was an issue resulting in the constructive discharge. Breakwater Swimming Club will have a cause of action against Brenda if it can be shown that Frank only made threats but did not physically harass her.

Breakwater Swimming Club can avoid liability if it can be shown that there was no way for it to be made aware that there was an issue resulting in the constructive discharge.

Some of the ways that an employer can avoid liability for sexual harassment in the workplace include all of the following except: Teach employees (and especially supervisors) about what constitutes sexual harassment and the company's policies for handling it. Establish "love contracts" where appropriate for senior executives. Coach the harassee on ways that he/she can avoid the situation. Monitor the paper trails for unexpected information—raises given or not given that seem out of line; promotions, demotions and/or terminations that occur without a plausible explanation, etc.

Coach the harassee on ways that he/she can avoid the situation.

Sexual orientation is not specifically covered under Title VII, BUT _________ is

Discrimination is prohibited under Title VII - beginning 2018! (Bostock, Zarda, Harris Funeral Homes) - Local ordinances or executive orders -State laws -EEOC interpretive guidelines -Federal court decisions -Employer Policies

In regard to sexual orientation employers should

Distinguish status or orientation from inappropriate actions or conduct Actions should not be singled out based solely on the actor's orientation or gender identity

Ledbetter v. Goodyear

Employers cannot be sued under Title VII of the Civil Rights Act of 1964 over race or gender pay discrimination if the claims are based on decisions made by the employer 180 days ago or more

sexual harassment corrective action

Employers must take "immediate and appropriate corrective action" The remedy should: -Stop the harassment -Not be out of proportion to the act -Not have the effect of punishing the harassee

gender plus discrimination

Employment discrimination based on gender and some other factor such as marital status, over a certain age, have young children, or unmarried with children.

Anita Hill

First sexual harassment case heard by supreme court. She was once his advisor, Her testimony against Clarence thomas who was chairmen of EEOC and supreme court nominee: -Affected workplace environment - Led to increase in complaints filed with the Equal Employment Opportunity Commission (EEOC) after the hearing

Same-gender sexual harassment

Forbidden under federal law -Title VII sexual harassment even if both parties are of the same sex: Key issue: whether "workplace is permeated by discriminatory intimidation, ridicule and insult that is sufficiently severe or pervasive to alter the conditions of the victim's employment..." -Basis for harassment must not be the sexual orientation of the harassee

The Supreme Court has extended protections under Title VII's protections against discrimination "based on sex" to ____________ _________

Gender Stereotyping

aura, a lesbian, is employed by Ohio Construction as a welder. Laura's co-workers did not know that she is a lesbian. She was frequently subjected to verbal abuse by her male co-workers who think that welding is a man's job. Laura is called inappropriate names and is exposed to nude pictures of women on the walls. When she complains to her supervisor, she is told to ignore such behavior and focus on her work instead. Laura eventually quits her job. Which of the following holds true in this scenario? Laura does not have a discrimination claim under Title VII because of the bona fide occupational qualification defense. Laura has a discrimination claim under Title VII because she is a lesbian. Laura has a discrimination claim under Title VII because she was subjected to sexual harassment. Laura does not have a discrimination claim under Title VII because she voluntarily quit her job.

Laura has a discrimination claim under Title VII because she was subjected to sexual harassment.

Gender identity statutes:

Laws providing protection for transgender persons

Lily is an image technician. She reviews photographs for placement in a stock images catalog. Her male colleagues, who also review photographs for placement in a stock images catalog, are photo analysts. She complains that she is paid less for doing the same work as them. Which of the following is true in this situation? Lily will prevail in a claim under the Equal Pay Act only if she can show that her expenses are more than that of her male colleagues. Lily will prevail in a claim under the Equal Pay Act if both of the jobs require equal skill, effort, and responsibility. Lily will not prevail in a claim under the Equal Pay Act as pay information is meant to be confidential, and she has broken the law by finding out what her colleagues are paid. Lily will not prevail in a claim under the Equal Pay Act because the law allows for unequal pay when the job titles are different.

Lily will prevail in a claim under the Equal Pay Act if both of the jobs require equal skill, effort, and responsibility.

Customer preference is _______ a legitimate and protected reason to treat other wise-qualified employees differently based on gender

NOT

Allyson, a mid-level manager at Oxy-Chemicals has always had female assistants and is concerned that they are much less qualified than their male counterparts. When the assistant position opens up, she instructs Human Resources to hire a male assistant for her and will not even interview female candidates. Is Allyson and/or Oxy-Chemicals in violation of Title VII of the Civil Rights Act? Only Oxy human resources can be found in violation of Title VII because they know or should have known that it is not appropriate to consider only male candidates for the position. Allyson is in violation of Title VII, but not Oxy (via human resources). Human resources is only following directions from Allyson. Neither Allyson nor Oxy are in violation of Title VII because Allyson is only a mid-level manager and this is not a company policy. Both Allyson and Oxy can be found liable of a Title VII violation for not considering qualified female candidates for the job.

Only Oxy human resources can be found in violation of Title VII because they know or should have known that it is not appropriate to consider only male candidates for the position.

Safe-T Securi-T Systems hires both male and female sales representatives. However, the company mostly promotes male employees to the position of senior sales executive because the job involves a lot of traveling. The management of the company believes that male employees are more suitable than female employees for jobs that require traveling. Which of the following statements is true in this situation? Safe-T Securi-T Systems is liable for gender discrimination because it is unlawful to require one gender to work different hours or job positions for reasons not related to their ability. Safe-T Securi-T Systems is not liable for gender discrimination because it employs both men and women. Safe-T Securi-T Systems is liable for gender discrimination only if female employees are expected to match their level of performance to that of male employees. Safe-T Securi-T Systems is not liable for gender discrimination because it can use bona fide occupational qualification as a defense to any claim filed by its female employees.

Safe-T Securi-T Systems is liable for gender discrimination because it is unlawful to require one gender to work different hours or job positions for reasons not related to their ability.

Jonah and Sally, recent graduates, are hired as computer analysts for ComputerWorld Inc. In a conversation over lunch, Sally discovers that Jonah's salary is 15 percent higher than hers. Assuming that she is being paid less because she is a female, Sally contacts the human resources department, demanding that her salary be increased by 15 percent. Which of the following is not true under the Equal Pay Act? Sally does not have a discrimination claim under the Equal Pay Act if Jonah's wages are based on a merit system. Sally does not have a discrimination claim under the Equal Pay Act if Jonah's wages are based on his seniority. Sally has a claim under the Equal Pay Act only if she can show that she incurs more monthly expenses than Jonah. Jonah has a discrimination claim if the employer reduces his salary to match Sally's salary.

Sally has a claim under the Equal Pay Act only if she can show that she incurs more monthly expenses than Jonah.

Which of the following created the Glass Ceiling Commission to investigate barriers to female and minority advancement in the workplace? The 1964 Civil Rights Act Equal Pay Act The 1991 Civil Rights Act Family and Medical Leave Act

The 1991 Civil Rights Act

All of the following are ways that an employer uses pregnancy, childbirth, or related medical conditions as a basis for treating an employee in a discriminatory manner, except: The employer reduces the hours of a pregnant employee, making her ineligible for employer-paid health insurance. The employer refuses to interview or hire pregnant employees or those who have recently given birth. The employer refuses to provide lighter duty assignments to a pregnant employee, even though those assignments are routinely given to other employers who are temporarily disabled. The employer provides lighter duty assignments to a pregnant employee at a time that the employee believes that the lighter duty assignments are necessary.

The employer provides lighter duty assignments to a pregnant employee at a time that the employee believes that the lighter duty assignments are necessary.

Radar Inc. provides spouses of male employees with coverage for short-term disabilities but does not provide female employees with similar coverage for their spouses. Which of the following is true in this scenario? The female employees at Radar Inc. do not have a valid discrimination claim as Title VII of the Civil Rights Act of 1964 does not protect employees of private employers. The female employees at Radar Inc. do not have a valid discrimination claim under Title VII of the Civil Rights Act of 1964 because their spouses are expected to be covered under an insurance plan at their respective workplaces. The female employees at Radar Inc. have a valid discrimination claim as providing different benefits for one gender than for another is unlawful under Title VII of the Civil Rights Act of 1964. The female employees at Radar Inc. have a valid discrimination claim because gender can never be used as a bona fide occupational qualification.

The female employees at Radar Inc. have a valid discrimination claim as providing different benefits for one gender than for another is unlawful under Title VII of the Civil Rights Act of 1964.

Meritor Savings Bank v. Vinson

Title VII covers discrimination based on sex that creates a hostile or abusive work environment -Employee does not need to show economic injury Recognized sexual harassment as a violation of Title VII of the Civil Rights Act of 1964. The case was the first of its kind to reach the Supreme Court and would redefine sexual harassment in the workplace. It established the standards for analyzing whether conduct was unlawful and when an employer would be liable. The court, FOR THE FIRST TIME, made sexual harassment an illegal form of discrimination.

Grooming Codes

Title VII does not prohibit an employer from using gender as a basis for reasonable grooming codes -Employer discretion: grooming codes rarely affect opportunity -Sexually provocative clothing and foul language shots can be prohibited in the work place under grooming codes -Gender-based grooming policy that subjects only one gender to different conditions of employment would not be allowed Ex: Men must wear suits and ties (traditional business attire), while women must wear uniforms.

sexual orientation

To whom one is attracted to for personal and intimate relationships

Tom is a transgender, and he is actively transitioning. He informed his supervisor that he will start to live and dress as a woman after his gender reassignment surgery. His supervisor calls Tom deviant and fires him. Which of the following holds true in this scenario? Tom's termination does not violate any state law if his state has a gender identity statute. Tom's termination violates Title VII if the discharge was based on gender identity. Tom's termination does not violate any federal law if the discharge was based on gender discrimination. Tom's termination violates Title VII only if he was harassed based on his sexual orientation.

Tom's termination violates Title VII if the discharge was based on gender identity.

Obergefell v. Hodges,

Upholds same sex marriage via 14th amendment equal protection clause The Due Process Clause of the Fourteenth Amendment guarantees the right to marry as a fundamental right -This fundamental right extends to same-sex couples

Essential functions of job

knowledge, skills, and abilities

A local TV station had an opening for an evening sportscaster. Yvonne, a recent graduate with a degree in broadcast journalism, applied for the job. She was not hired on the basis that the job is restricted to men, as it involves interviewing players on high school football teams, which requires the sportscaster to spend a lot of time in the men's locker rooms. Yvonne has a valid claim for gender discrimination if she can prove that the TV station has hired women for other roles that can be performed by men. Yvonne has no claim for gender discrimination because the TV station has a legitimate nondiscriminatory reason for its job requirement. Yvonne has a valid gender discrimination claim, and the bona fide occupational qualification defense cannot be used because players can be interviewed outside the locker room. Yvonne has no claim for gender discrimination because private employers are allowed to hire and terminate per their will.

Yvonne has a valid gender discrimination claim, and the bona fide occupational qualification defense cannot be used because players can be interviewed outside the locker room.

Sexual Harassment Liability

a company can be liable for sexual harassment committed by supervisors, coworkers, vendors, and customers tangible employment action (Quid Pro Quo): Strict Liability No tangible employment action: Not strict liability

Toxic Masculinity

adherence to traditional male gender roles that restrict the kinds of emotions allowable for boys and men to express, including social expectations that men seek to be dominant (the "alpha male") and limit their emotional range primarily to expressions of anger

glass cieling effect

an invisible barrier limiting career advancement of women and minorities

The police chief of the city of Grande Coast reassigns female patrol officers away from high crime areas because people living in such areas do not want female officers guarding them. They feel that female officers are not capable of performing their duties as efficiently as male officers. The female police officers of Grande Coast: cannot bring an action for gender discrimination as employees working for the government are not covered under Title VII of the Civil Rights Act of 1964. can bring an action under Title VII of the Civil Rights Act of 1964 only if the transfer results in a pay difference between male and female officers. cannot bring an action for gender discrimination under Title VII of the Civil Rights Act of 1964 because the chief's suggestion is intended to protect the safety of female officers. can bring an action for gender discrimination under Title VII of the Civil Rights Act of 1964 as customer preference is not a protected reason to discriminate.

can bring an action for gender discrimination under Title VII of the Civil Rights Act of 1964 as customer preference is not a protected reason to discriminate.

Carrie is a lesbian who worked as a teacher and a part-time administrative coordinator at a public school for 14 years. Loren, a student, discovered that Carrie was a lesbian and informed her mother. Loren's mother raised the issue with the school's principal, after which Carrie was asked to stop teaching, though she was allowed to continue as an administrative coordinator in the same school. In this scenario, Carrie: has a valid cause of action because Title VII prohibits employment discrimination based on sexual orientation. can file a reverse discrimination claim under Title VII of the Civil Rights Act of 1964. has no recourse because she was not fired from her job as an administrative coordinator. can file a suit based on the Equal Protection Clause of the U.S. Constitution because she is a local government employee.

can file a suit based on the Equal Protection Clause of the U.S. Constitution because she is a local government employee.

Microaggressions

common, everyday verbal or behavioral indignities and slights that communicate hostile, derogatory, and negative messages about someone's race, gender, sexual orientation, or religion

The dress code for Upper Edge Cosmetics requires all employees to report to work in uniforms. The policy also states that female employees are required to wear makeup. However, the only requirement for men is that they keep their hair and nails trimmed. Under Title VII of the Civil Rights Act of 1964, female employees at Upper Edge Cosmetics: have a valid discrimination claim because the difference in attire is based on gender and has no business necessity. do not have a valid discrimination claim because the act does not cover private employers. have a valid discrimination claim because the dress code results in disparate impact against them. do not have a valid discrimination claim because the act does not prohibit an employer from using gender as a basis for reasonable grooming codes.

do not have a valid discrimination claim because the act does not prohibit an employer from using gender as a basis for reasonable grooming codes.

"Glass walls" refers to:

fewer opportunities to move sideways into jobs that lead to the top

causes of action (cont.)

gender harassment sexual harassment reverse discrimination *Remember that gender can be a BFOQ (Allowed BFOQs on the basis of privacy issues)

Gender Discrimination Against Men

in female domincated occupations -nursing -education -child care gender stereotyping harassment

Jaques is a customer relationship executive at a bank. He enjoys wearing makeup. One day, he wears makeup to work, causing quite a stir. It is also a violation of bank's dress code. He disobeys a direct order from MaryAnne, his supervisor, to remove the makeup, whereupon he is terminated. In this scenario, Jaques' termination: violates Title VII of the Civil Rights Act of 1964. violates the Fourth Amendment of the U.S. Constitution. is not actionable under Title VII of the Civil Rights Act of 1964. is not legitimate under the Equal Protection Clause of the U.S. Constitution.

is not actionable under Title VII of the Civil Rights Act of 1964.

gender identity

is one's personal experience of one's own gender. Gender identity can correlate with assigned sex at birth, or can differ from it. -transgeneder, sexual reassignment surg. and its stages, dressing and acting in ways of other gender. - All societies have a set of gender categories that can serve as the basis of the formation of a person's social identity in relation to other members of society.

pink collar jobs

jobs that offer few benefits, often have low prestige, and are disproportionately held by women

Laura applies for the job of a firefighter. She is 5 feet 2 inches tall and can only lift 50 pounds at a time. Laura is denied the position because she does not meet the height and lifting requirements. The fire department's height and lifting requirements: not discriminatory because Title VII of the Civil Rights Act of 1964 does not cover jobs such as guards, police officers, and firefighters. not discriminatory because firefighters have mostly been tall. not discriminatory if it can be shown that the requirements are directly correlated to ability to do the job. discriminatory if it can be shown that height and lifting requirements are a business necessity.

not discriminatory if it can be shown that the requirements are directly correlated to ability to do the job. discriminatory if it can be shown that height and lifting requirements are a business necessity. discriminatory if it can be shown that the requirements are not directly correlated to ability to do the job.

The EEOC interprets and enforces Title VII's prohibition

of sex discrimination as forbidding any employment discrimination based on gender identity or sexual orientation. These protections apply regardless of any contrary state or local laws

Fetal protection policies are: prohibited by the Fair Labor Standards Act if they apply equally to women and men. judicially administered only when there are more male employees than female employees in a workplace. prohibited by Title VII of the Civil Rights Act of 1964 if they apply only to women. legally required only if an employer has more female employees than male employees.

prohibited by Title VII of the Civil Rights Act of 1964 if they apply only to women.

BFOQ for sex

see or touch a clinet or customer in the privacy zone -medical profession have different standards. Ex: wet nurse, sperm doner Legitimate need for authenticity Ex: Movie roll for female

Pregnancy Discrimination Act

specifically outlaws discrimination on the basis of pregnancy

gender dysphoria

the condition of feeling one's emotional and psychological identity as male or female to be opposite to one's biological sex.

All of the following are considered types of prohibited discrimination under the U.S. Supreme Court case, Oncale v. Sundowner Offshore Servs., Inc., except: a female employee is told by her male colleagues that she is taking "a man's job". the harassee is lesbian and the harasser is calling her a "dyke". the harassee is female, and another female is spreading lies about her. a male employee endures constant unwelcome sexually-suggestive banter from his male colleagues.

the harassee is lesbian and the harasser is calling her a "dyke".

Intersectionality

the interconnected nature of social categorizations such as race, class, and gender as they apply to a given individual or group, regarded as creating overlapping and interdependent systems of discrimination or disadvantage.

A person who has had gender reassignment surgery is typically referred to as: transgender lesbian or gay questioning bisexual

transgender