Term
| Who does the Equal pay act apply to? |
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Definition
| All employers and all employees |
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Term
| What does the EPA require |
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Definition
| Requires equal pay for men and women who engage in "substantially equal work" |
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Term
| Test to judge substantially equal work |
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Definition
1. Equal effort
2. Equal skill
3. Equal responsibility
4. Same or similar working conditions |
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Term
| 4 defenses of employers that prove differences in compensation |
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Definition
| 1. Bona fide seniority system 2. Bona fide merit system 3. Quality or quantity if production (piece work) 4. Any factor other than gender |
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Term
| Who enforces the Equal Pay Act? Do employees need to file a lawsuit with them? |
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Definition
The Equal Employment Opportunity Commission (EEOC)
- No |
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Term
| To which employers does Title VII apply? |
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Definition
| Employers with 15+ employees |
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Term
| What does Title VII of the Civil Rights Act of 1964 prohibit? |
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Definition
| Discrimination based on race, color, religion, gender, or national origin |
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Term
| What types of decisions does Title VII apply? |
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Definition
All employment decisions
- hiring, firing, pay benefits, job assignments, promotion, training |
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Term
| What is the procedure for filing a law suit based on Title VII? |
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Definition
Plaintiffs must file a complaint with the EEOC and allow the agency to file a lawsuit or obtain resolution
- If EEOC fails to file suit to resolve the claim in 6 months, plaintiff may obtain a "right to sue" letter and file a civil lawsuit |
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Term
| What types of remedies can be include for breach of Title VII? |
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Definition
| Compensatory damages, reasonable attorney's fees, and equitable relief |
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Term
| Definition of discrimination according to Title VII |
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Definition
| Reducing the employment opportunities for a particular person in a protected class |
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Term
| How must a plaintiff prove discrimination? |
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Definition
| By direct or indirect evidence |
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Term
| 2 methods to prove discrimination by indirect evidence |
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Definition
1. Disparate treatment; or
2. Disparate Impact |
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Term
| Disparate Treatment definition |
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Definition
| Plaintiff shows he/she was treated different because of race, color, gender, religion, or ethnicity |
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Term
| In order to put forth a prima facie case for disparate treatment, what 3 things must a plaintiff show? |
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Definition
1. The plaintiff applied and was qualified
2. Plaintiff is a member of the protected class; and
3. Employer rejected Plaintiff and kept looking |
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Term
| If a plaintiff establishes a prima facie case for disparate treatment, what happens? |
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Definition
The burden shifts to the employer to show non-discriminatory reason for decision
- Plaintiff must prove the employer's reason is a mere pretext for discrimination |
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Term
| Disparate Impact definition |
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Definition
| Occurs if employer has a rule or practice that is non-discriminatory on its face, but the impact of the rule or practice is to disproportionally exclude people in a protected class |
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Term
| What must a plaintiff show in a Disparate Impact Case? |
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Definition
| That employment rule or practice has a disparate impact on a protected group (of which the plaintiff is a member |
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Term
| What 2 things must an employer show when the burden is shifted to him in a disparate impact case |
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Definition
1. Job relation for the position; and
2. Consistent with business necessity |
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Term
| How can a plaintiff win a disparate impact case even if an employer has shown the requirements needed for their particular rule or practice? |
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Definition
| By showing that a less discriminatory rule or practice is available as an effective alternative, but employer refuses to adopt it |
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Term
| Employer Defenses under Title VII |
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Definition
1. Bona fide seniority system
2. Bona fide merit system (quality, quantity, etc.)
3. (disparate treatment) Bona fide occupational qualification |
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Term
| Bona fide occupational qualification |
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Definition
1. Reasonably necessary for effective job performance, and
2. Reasonably necessary for business
BFOQ is intended to be a narrow, rare category
- Race and color are never a BFOQ |
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Term
| What are the exceptions for racial preferences? |
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Definition
1. Are intended to correct racial imbalance involving under-representation of minorities in traditionally segregated job categories, and
2. Don't "unnecessarily trammel" the rights of others or create a bar to their advancement, and
3. Are only temporary |
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Term
| What does discrimination against Sex/gender include in title VII |
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Definition
Gender stereotyping, pregnancy, childbirth, harassment, and favoritism, but not sexual orientation
- Protects both men and women |
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Term
| What are the 3 exceptions for gender preferences under Title VII? |
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Definition
1. Are intended to correct a gender imbalance involving under-representation of one gender in certain job categories, and
2. Don't unnecessarily trammel the rights of the opposite gender or create a bar for their advancement, and
3. Are only temporary |
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Term
| What are the 2 major categories of sexual harassment prohibited by title VII? |
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Definition
1. Quid pro quo ("this for that": when an aspect of a job is made contingent on an employee's sexual activity
2. Hostile work environment: When sexual harassment is so severe or pervasive that it creates a hostile and abusive work environment
- Must be unwelcome |
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Term
| Co-worker harassment under title VII |
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Definition
| Employer is liable if it knew or had reason to know of the harassment |
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Term
| Supervisor harassment under Title VII |
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Definition
1. If there is a tangible job detriment (including an official act leading to constructive discharge), the employer is strictly liable
2. If there is no tangible job detriment (including no official act leading to constructive discharge), the employer is liable unless it can show 2 things |
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Term
| What 2 things must an employer show in defense of supervisor harassment if there is no tangible job detriment? |
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Definition
1. Employer exercised reasonable care to prevent or correct harassment; and
2. Employee unreasonable failed to take advantage of opportunities to correct or prevent harassment |
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Term
| What does Title VII protect against in terms of religious views? |
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Definition
Protects traditional religious views and moral beliefs sincerely held with the same strength (including atheism)
- Covers beliefs, observances, and practices |
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Term
| What is an employer required to do in regards to religious beliefs under Title VII? |
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Definition
| Requires "reasonable accommodation" of religious beliefs, practices, or observances unless it would cause the employer undue hardship (i.e. more than a minimal burden) |
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Term
| What does Title VII prohibit in terms of National origin discrimination? |
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Definition
1. Employee's origins or ancestry, or
2. Physical, cultural, or linguistic characteristics of particular nations or ethnic groups |
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