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Chapter 41: Employment Discrimination

Terms in this set (51)

Antidiscrimination statutes bar employers from terminating employees based on _______.
discriminatory motives
_______ is the first step for a party claiming unlawful employment discrimination.
Filing a complaint with the EEOC
The first step in asserting a discrimination claim is _______ at the local office of the EEOC.
filing a discrimination claim
Federal antidiscrimination statutes are categorized into two classes, those that _______
require persons receive equal treatment
require persons receive special treatment
_______ of the Civil Rights Act of 1964 and its amendments make up the centerpiece of antidiscrimination statutes.
Title VII
Employment discrimination encompassing a broad spectrum of workplace-related discrimination that includes: _______.
promotions
the hiring process
disciplinary actions
Under Title VII, statutory protection is extended only to those who have been discriminated against based on _______.
membership in a protected class
The _______ is the administrative agency charged with carrying out federal workplace antidiscrimination laws.
EEOC
Proponents of recognizing sexual orientation as a protected class argue that it amounts to discrimination based on _______ which is illegal under federal discrimination statutes.
Multiple choice question.
sex
As an administrative agency, the EEOC may use its investigative authority to: ________.
obtain documents
witness statements
The primary federal antidiscrimination statutes are: _______.
Title VII
ADA
ADEA
The three most common theories of discrimination are: _______.
disparate treatment
mixed motives
disparate impact
Title VII prohibits discrimination in the workplace on the basis of an employee's: _______.
religion
color
race
Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature are considered violations of Title VII if the conduct is ______ or _______.
the basis for any employment decisions
creates an offensive work environment
True or false: According to federal antidiscrimination laws not all discrimination is illegal.
True
In the "_______" theory of sexual harassment, the harasser demands sexual favors as a condition of continued employment or as a prerequisite for a promotion or pay raise.
Multiple choice question.
quid pro quo
One area of federal antidiscrimination law that has recently developed rapidly is whether _______ may be a protected class under Title VII.
sexual orientation
In the _______ case, the court made clear that since Title VII was gender-neutral, it recognized sexual harassment as a form of discrimination - regardless of the gender of the victim or the harasser.
Multiple choice question.
Oncale v. Sundowner Offshore Services
In 1998, the U.S. Supreme Court decided the _______ and the _______ cases that extended vicarious liability to employers for sexual harassment under certain circumstances.
Faragher
Ellerth
Title VII includes "_______" as a(n) _______ class and federal law extends protection to employees who are being sexually harassed.
sex, protected
Under the _______ theory of sexual harassment, a violation of Title VII occurs when the conduct of the harasser is of so pervasive in the workplace that it interferes with the victim's ability to perform her job responsibilities.
hostile work environment
In the _______ case, the court made clear that since Title VII was gender-neutral, it recognized sexual harassment as a form of discrimination - regardless of the gender of the victim or the harasser.
Oncale v. Sundowner Offshore Services
If sexual harassment does not result in a(n) _______ employment action (e.g., demotion), employers may avoid liability via the _______ defense by proving that a preventative was in place but the employee failed to take advantage of it.
tangible, Faragher/Ellerth
The Faragher and Ellerth cases held that an employer could be held _______ for sexual harassment by a(n) _______ co-worker if the employee can prove the employer was negligent in responding to a sexual harassment complaint made to a supervisor.
vicariously liable, nonsupervisory
Title VII provides aggrieved employees with a broad range of remedies including: _______.
reinstatement
injunction
backpay
Under the ADEA employers are prohibited from discriminating against employees on the basis of their age ______.
if the employee is over 40 years old
The plaintiff in an ADEA case must prove that the younger employees are substantially younger which means at least _____ years younger to qualify.
10
The ADA requires an employer with 15 or more employees to make ______ for a disabled employee in the workplace so long as the accommodation does not cause the employer to suffer an undue hardship.
reasonable accommodations
If sexual harassment is perpetrated by a supervisor the employer is _______ for any sexual harassment claim, if the harassment culminates in a tangible employment action such as termination.
strictly liable
The ADA defines "disability" as a physical or mental impairment that _______ a person's ability to participate in _______ activities.
substantially limits, major life
_______ damages are available only when a plaintiff proves that a private employer acted with malice, in retaliation, or with reckless disregard for the employment discrimination laws.
Punitive
The ADEA is similar to Title VII in that protected employees ______ and become members of a special class if ______.
do not get special treatment, employers discriminated against them in favor of a substantially younger employee
If a person does not have a "disability" under the ADA, employees still may be protected by the ADA under the _______ test.
regarded-as
The ADA defines a "qualified individual" as someone who, with or without _______, can perform the "essential functions" of the employment position that such individual holds or desires.
reasonable accommodation
The _______ seeks to eliminate discriminatory employment practices against _______ persons that would prevent otherwise qualified employees from obtaining or continuing employment, being promoted, or obtaining benefits available to non-disabled employees.
ADA, disabled
To qualify for _______, the employee must have a documented disability.
Multiple choice question.
an accommodation
Technically, the Equal Pay Act is an amendment to _______ and is not categorized as an antidiscrimination statute.
the Fair Labor Standards Act
The _______ Act mandated that each discriminatory paycheck resets the period of time during which the worker may file a pay discrimination claim.
Lily Ledbetter Fair Pay
The _______ defense is a judicially created affirmative defense whereby an employer may avoid _______ by proving that a system was in place that was intended to deter, prevent, report, and correct any harassment.
Faragher/Ellerth, vicarious liability
Perhaps the broadest defense to employment discrimination is ________, which occurs when a business can justify discrimination on the basis that it is legitimately necessary to the business operations of the company.
business necessity
A(n) _______ allows employers to hire and employ on the basis of religion, gender, or national origin when the characteristic is _______ to the normal operation of that particular business.
BFOQ, reasonably necessary
The Equal Pay Act (EPA) makes it illegal for employers to pay unequal wages to men and women who perform _______ work.
substantially equal
The seniority system is a defense for employers and must be based on several criteria: _______.
good faith employment decisions
objective elements of seniority
True or false: Employers are required to overlook employee misconduct when complying with antidiscrimination statutes.
False
The _______ defense is a judicially created affirmative defense whereby an employer may avoid _______ by proving that a system was in place that was intended to deter, prevent, report, and correct any harassment.
Faragher/Ellerth, vicarious liability
True or false: Affirmative action in employment began during World War II when President Franklin D. Roosevelt issued an executive order banning racial, religious, and gender discrimination in the defense industry.
True
True or false: Affirmative action plans require absolute equality.
False
Similar to BFOQ, the ADA has a statutory scheme which allows _______ of persons with disabilities if the person, with or without _________, cannot perform essential job functions.
exclusion, reasonable accommodation
State antidiscrimination statutes differ from federal statues in two ways: _______ and _______.
state statutes tend to cover more employers
some states have expanded protected class membership to include LGBTQ individuals
In the Adarand Constructors v. Pena case, the Supreme Court ruled that state and local government affirmative action plans in race-or gender-based preferences for hiring contractors would be subject to the _______ standard.
strict scrutiny
The seniority system is a defense for employers and must be based on several criteria: _______.
good faith employment decisions
objective elements of seniority
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