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Law Quiz 3

Terms in this set (35)

The civil Rights Act was aimed at discrimination in a number of areas of society?
1. Housing
2. Public accommodation
3. Education
4. Employment
Deals with discrimination in employment. It became the foundation of modern federal equal employment opportunity (EEO) law.
Title VII of the Civil Rights Acts of 1964
Administered by the Equal Employment Opportunity Commission (EEOC). Regulations and guidelines require that employers, unions, and employment agencies post EEOC notices and summarizing the act's requirements.
Administration of Title VII
Prohibits the refusal or failure to hire any individual, the discharge of any individual, or the discrimination against any individual with respect to compensation, terms, conditions, or privileges of employment because of that individual's race, color, religion, sex, or national origin.
Coverage of Title VII
It shall be an unlawful employment practice for an employer "to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against an individual with respect to his compensation, terms, condition, or privileges of employment, because of such individual's race, color, religion, sex or national origin".
Title VII, Section 703
An exception to the civil rights law that allows an employer to hire employees of a specific gender, religion, or national origin when business requires it.
Exception to Section 703: Bona-Fide Occupational Qualifications (BFOQ)
The safe and efficient performance of the business or performance of a particular job requires that employees be of a particular sex, religion, national origin, or physical ability.
Business Necessity
When an employee is treated differently from others due to race, color, religion, gender, or national origin.
Disparate Treatment
Unintentional discrimination. Occurs when a facially neutral policy or practice has a negative result on persons in one or more of the protected classes.
Disparate Impact
Protects all individuals from employment discrimination based on sex or gender. Protects both men and women.
Title VII
Making Employment decisions based on sex stereotypes. Is discrimination prohibited by Title VII.
Gender Stereotyping
When an employer places additional requirements on employees of certain gender but not on employees of the opposite gender.
Gender-Plus Discrimination
Requires that men and women performing substantially equal work be paid equally.
Equal Pay Act of 1963
The unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature, where the employee is required to accept such conduct as a condition of employment?
Sexual Harassament
The unwelcome harassment has the effect of interfering with employee's work performance or creating a hostile work environment for the employee?
Hostile Work Environment
Government cannot establish a religion?
Establishment Clause First Admendment
The right to practice any religion?
Free Exercise Clause First Admendment
First the statute must have a secular legislative purpose
Second its principal or primary effect must be one that neither advance nor inhibits religion
Finally the statute must not foster "an excessive government entanglement with religion."
The "Lemon" Test
Permits a religious organization to discriminate when it comes to those who "perform a spiritual function". Exemption applies only to employment decisions.
The ministerial Exemption
Title VII prohibits employment discrimination on the basis of national origin?
National Origin
Includes any discrimination based upon the place of origin of an applicant or employee or his or her ancestor(s) and any discrimination based upon the physical, cultural, or linguistic characteristics of an ethnic group?
Discrimination on the Basis of National Origin
First plaintiffs are entitled to a jury trial
Hiring or reinstatement
Back pay
Seniority
Injunctions
Such affirmative actions as may be appropriate
Employee Remedies/Rights Under Title VII
The act prohibits employment discrimination based on age, if the age is 40 years old or above
Age Discrimination in Employment Act (ADEA)
Amendment to ADEA
Protects workers from unscrupulous employers who attempt to pressure outgoing employees in signing aged discrimination claim waivers in order to receive early retirement or severance benefits
Older Workers Benefit Protection Act (OWPBA)
Covers employers (including state and governments), unions, and employment agencies in any industry effecting commerce, if it has 20 or more employees
ADEA
A physical or mental impairment that substantially limits one or more of the major life activities
A record of such an impairment
Being regarded as having such an impairment
ADA Definition of Disability
A procedure or test that seeks information about an individual's physical or mental impairments or health
Does not include drug testing
Cannot require of current employees unless you establish it is "job related and consistent with business necessity"
Medical Exam
Minimal realignment of job duties
Schedules
Modifying equipment
Providing assistance devices
Reasonable Accommodations
An accommodation that requires significant difficulty or expense for the employer
Undue Hardship
These are plans which involve giving preference in hiring or promotion to qualified female or minority employees
Affirmative Action Plan
Prohibits employers from discriminating against employees because of their service in the military
The Uniformed Services Employment and Reemployment Rights Act
1. Employee gave notice of the period of military service
2. Employee is absent for a cumulative of less than five years
3. Employee submitted an application for reemployment within the designated time
Employees absent from employment due to ordered active military duty are entitled to reinstatement and benefits if they meet these qualifications.
1. Employer's circumstances have changed so that reemployment would be unreasonable or impossible
2. The reemployment would cause undue hardship in accommodation, training, or effort
3. The initial employment was for a brief, nonrecurring period
Employers are not required to reinstate employees after military service if:
Race discrimination by an employer is an unfair labor practice
United Packinghouse Workers Union v NLRB
Fifth Amendment
Fourteenth Amendment
Only apply to public employees (normally)
Constitutional Prohibitions Against Discrimination
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