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Test 1 (Ch. 1-3)
Terms in this set (17)
What is extraterritorial application?
Under what circumstances can Title VII be extraterritorially applied?
Provide the name of the statute which created extraterritorial application?
-The enforcement of US laws beyond its boundaries or territories
-A US citizen working for a US controlled company in a foreign country where the host country has no EEO laws
-EEOC v. Arabian American Co.
Provide four classes of employees who are covered by Title VII.
What is a numerosity requirement?
-Race, Color, National Origin, Sex, & Religion
-Required number of employees to be covered by Title VII
What does the following citation mean: 644 F.3d 301, 305 (5 th Cir. 2011)?
-Federal Reporter 3rd Edition
-Begins on page 301
-Specific info on page 305
-5th Circuit Court of Appeals
-Decision rendered in 2011
In determining whether or not an employer can use a BFOQ defense, what are the two criteria that must be considered?
-The essence of the business would be undermined by not hiring members of one protected class
-There is factual basis for believing that all, or substantially all, members of the protected class in question cannot perform the principal duties of the job
It has been said that regulation impacts business, provide three "costs" associated with the federal regulation of human resource management.
What is a vertical agency? Provide an example of a vertical agency.
What is a horizontal agency? Provide an example of a horizontal agency.
What is the major difference between the two?
-Vertical Agency is industry specific and primarily concerned with the competitive health of the specific industry that the agency regulates.
(CAB - Civil Aeronautics Act of 1938)
-Horizontal Agency functions across industries and are only concerned with compliance.
(EEOC - Civil Rights Act of 1964)
Once the EEOC has received a complaint from one of your employees, what are the three possible outcomes discussed between the two?
-No Reasonable Cause
What does the following citation mean: 42 C.F.R. §1604 (2012)?
Which branch of government created this document?
-Title 42, Code of Federal Regulation, Section 1604, Decision rendered in 2012
Provide six classes of employees who are exempted by Title VII.
-Personal staff of elected officials
-Parents, spouse, children
-Indian Tribe Members
-U.S. Government employees (except congress)
What are the three primary sources of laws and regulations in the United States? Provide one example of "law" created by each source.
-Case Law (judicial)
What is the time frame for an employee to file a title VII complaint in a state which is authorized deferrals?
What is the time frame for an employee to file a Title VII complaint in a state which is not authorized deferrals?
What does deferral mean?
-within 300 days of violation in authorized deferral states
-within 180 days of violation in non-authorized deferral states (AL, AR, KY, LA, MS, VA)
-when the EEOC turns a complain over to a state FEPA (Fair Employment Practice Agency)
Provide six of the traditional remedies which are available to a complaining party under Disparate Treatment theory.
Provide four innovations created by the Civil Rights Act of 1991.
What are the additional remedies (those ones that can be imposed in addition to the so-called traditional remedies) that were made available under the Civil Rights Act of 1991, and under what circumstances may they be awarded?
-Jury trials (only when disparate treatment is alleged)
-Finality of consent decrees
-Government employee rights
-Places burden of proof on CP's filing disparate impact charges
-Punitive Damages & Compensatory Damages
-The employee is subject to adverse employment consequences for engaging in a protected activity
What are the two means of establishing a disparate treatment claim?
McDonnell-Douglas v. Green established the criteria by which a prima facie case of actionable discrimination under Disparate Treatment theory is determined; what are the four proofs?
Does establishing a prima facie case make the employer guilty of violating Title VII, why?
Establish DT Claim:
-CP can meet the burden of proof by offering direct proof of discriminatory intent
-Burden shifting method of proof (based on circumstantial evidence)
-CP is a member of a protected class
-CP is qualified & applied for job in question
-CP was subject to an adverse action
-Similarly situated individuals not from the CP's protected class were not subject to the adverse action
-No, the employer rebuttal can say actions were based on a BFOQ or legitimate nondiscriminatory reason
Assume that a complaining party has established a prima facie case under disparate treatment theory, what are the two rebuttals available to the employer?
Now assume that a complaining party has established a prima facie case under disparate impact theory, provide four rebuttals available to the employer?
According to the lecture and the textbook, which of the employer rebuttals under disparate impact is the best?
-BFOQ & Legitimate non-discriminatory reasons
-Business necessity, relevant labor market, sample size, countervailing statistics, & stock analysis
-Preferred Rebuttal: Business Necessity
The federal judiciary is comprised of three major components or levels, what are they?
When reaching a decision, what are the two prevailing views of making an interpretation?
Which court is the court of original jurisdiction?
-Supreme Court, Circuit Court of Appeals, & District Court
-Congressional Intent & Precedent
Assuming a prima facie case is established under disparate treatment theory, what are the two rebuttals available to employers?
What is the complaining party's rebuttal?
Assuming a prima facie case is established under disparate impact theory, what is the principal rebuttal available to employers?
In terms or timeliness, what is the maximum time period for filing a Title VII claim in a state in which the EEOC does not permit deferrals?
-BFOQ & Legitimate non-discriminatory reasons
-Employer's legitimate non-discriminatory reasons are pretextual (false info; similarly situated employees of same class treated differently; evidence of bias; statistical evidence)
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