LAW 2810 - Chapter 21: Employment Discrimination

What is employment discrimination?

Unequal treatment of employees or job applicants based on race, color, national origin, religion, gender, age, or disability.

What is a protected class?

A group of persons protected by specific laws due to defining characteristics such as race, color, religion, national origin, gender, age, and disability.

What does Title VII of the Civil Rights Act prohibit?

Job discrimination against employees, applicants, and union members based on race, color, national origin, religion, and gender.

At what stages of employment does Title VII prohibit discrimination?

During any stage, but more specifically during:
hiring, discipline, discharge, promotion, and benefits.

Who does Title VII apply to?

Employers with fifteen or more employees, labor unions, employment agencies, and state and local governing units.

What is the role of the Equal Employment Opportunity Commission (EEOC)?

To monitor compliance with Title VII and handle claims of employment discrimination.

What must an employee do before filing a lawsuit for discrimination?

File a claim with the EEOC.

What types of cases does the EEOC prioritize?

Retaliatory discharge and other types of discrimination of particular concern.

What is a prima facie case in the context of disparate-treatment discrimination?

A case where the plaintiff provides sufficient evidence that their claim will be decided in their favor unless the defendant can rebut it.

What must a plaintiff show to establish a prima facie case of disparate-treatment discrimination?

1. Member of a protected class, 2. Qualified for the job, 3. Rejected by the employer, 4. Employer continued to seek applicants or filled the position with someone not in a protected class.

What is disparate-impact discrimination?

Discrimination resulting from employer practices that, while not discriminatory on their face, have a discriminatory effect.

How can disparate-impact discrimination be shown?

By comparing the employer's workforce to the pool of qualified individuals or by comparing selection rates of protected and non-protected classes.

What is reverse discrimination?

Discrimination against members of a majority group, such as white males, under Title VII.

What does 42 U.S.C. Section 1981 prohibit?

Discrimination based on race or ethnicity in the formation or enforcement of contracts.

What is the significance of the Supreme Court's decision on class actions in discrimination claims?

Employees must prove a company-wide policy of discrimination affecting all plaintiffs to bring a class action.

What happens if the EEOC does not investigate a claim?

The EEOC issues a 'right to sue' allowing the employee to file their own lawsuit.

What is intentional discrimination?

Disparate-treatment discrimination where an employer intentionally discriminates against employees in protected classes.

What is the burden of proof in a disparate-treatment case after a prima facie case is established?

The employer must articulate a legal reason for the adverse employment action.

What is the EEOC's role in out-of-court settlements?

The EEOC attempts to obtain voluntary consent for settlements before filing a suit.

What does Title VII say about discrimination based on religion?

It prohibits discrimination against persons because of their religion by government employers, private employers, and unions.

What is an example of unintentional discrimination?

Disparate-impact discrimination resulting from employer practices that have a discriminatory effect.

What is the significance of showing a connection between an employer's practices and a disparity?

It establishes a prima facie case of disparate impact without needing to prove discriminatory intent.

What is the threshold for evidence of disparate impact according to EEOC guidelines?

A selection rate for a protected class that is less than four-fifths (80%) of the rate for the highest hiring group.

What constitutes a discriminatory effect under Title VII?

Employer standards or policies that adversely affect employees or job applicants in protected classes.

What is the EEOC's approach to claims of retaliatory discharge?

They prioritize these claims as they involve firing an employee in retaliation for filing a discrimination claim.

What is the relationship between the civil rights movement and employment discrimination law?

The civil rights movement of the 1960s led to the establishment of laws protecting employees against workplace discrimination.

What must employers not do regarding employees' religious beliefs?

Employers cannot treat employees more or less favorably based on their religious beliefs or practices.

What is required of employers in terms of accommodating religious practices?

Employers must reasonably accommodate the religious practices and sincerely held religious beliefs of employees unless it causes undue hardship.

Under which act are employers forbidden from discriminating based on gender?

Title VII and other federal acts.

What must a plaintiff demonstrate to succeed in a sex discrimination suit?

Gender was a determining factor in the employer's decision.

What does the Pregnancy Discrimination Act expand?

It expands Title VII's definition of sex discrimination to include discrimination based on pregnancy.

What must employers do regarding benefits for pregnant women?

Employers cannot discriminate against pregnant women by withholding benefits available to others with similar abilities to work.

What is wage discrimination under the Equal Pay Act?

It requires equal pay for male and female employees doing similar work at the same establishment.

What did the Lilly Ledbetter Fair Pay Act change?

It made discriminatory wages actionable under federal law regardless of when the discrimination began.

How have courts' interpretations of Title VII changed regarding transgender persons?

A growing number of federal courts now interpret Title VII's protections against gender discrimination to apply to transgender individuals.

What is constructive discharge?

A termination of employment caused by making the employee's working conditions intolerable.

What must an employee prove to establish constructive discharge?

Objective proof of intolerable working conditions, employer knowledge of these conditions, and causation linking the employer's discrimination to the conditions.

What types of discrimination can constructive discharge claims apply to?

Race, color, national origin, religion, gender, pregnancy, and more.

What defines sexual harassment under Title VII?

Demanding sexual favors for job benefits or creating a hostile working environment through offensive conduct.

What is quid pro quo harassment?

Harassment where sexual favors are demanded in exchange for job opportunities or benefits.

What constitutes a hostile environment in sexual harassment cases?

A workplace permeated with discriminatory intimidation, ridicule, and insult that alters employment conditions.

What is required for an employer to be liable for a supervisor's sexual harassment?

The supervisor must have taken a tangible employment action against the employee.

What are the two elements of the Ellerth / Faragher affirmative defense?

The employer must have taken reasonable care to prevent harassment and the plaintiff must have failed to take advantage of preventive opportunities.

What does Title VII prohibit regarding retaliation?

It prohibits retaliation against employees who complain about sexual harassment or other Title VII violations.

When can an employer be held liable for harassment by co-workers?

If management knew or should have known about the harassment and failed to take immediate remedial action.

Does Title VII protect against same-gender harassment?

Yes, Title VII protection extends to individuals sexually harassed by members of the same gender.

What is the stance of Title VII on sexual orientation discrimination?

Title VII does not explicitly prohibit it, but some federal courts have ruled it is protected under Title VII.

How can online activities create a hostile working environment?

Through racial jokes, ethnic slurs, or other discriminatory comments in digital communications.

What can employers do to avoid liability for online harassment?

Take prompt remedial action.

What is the potential liability under Title VII for employers?

Employer liability can be extensive for violations of Title VII.

What may a plaintiff be awarded if unlawful discrimination is proven?

Reinstatement, back pay, retroactive promotions, and damages.

What are compensatory damages available for?

Only in cases of intentional discrimination.

Under what circumstances can punitive damages be recovered against a private employer?

If the employer acted with malice or reckless indifference to an individual's rights.

What does the Age Discrimination in Employment Act (ADEA) prohibit?

Employment discrimination based on age against individuals forty years of age or older.

What is a requirement for the ADEA to apply to an employer?

The employer must have twenty or more employees and the business activities must affect interstate commerce.

What must a plaintiff show under the ADEA to establish unlawful discrimination?

That age was the reason for the adverse employment action.

What is required to establish a prima facie case of age discrimination?

The plaintiff must show they are a member of the protected age group, qualified for the position, and discharged due to age discrimination.

What must a plaintiff prove if an employer provides a legitimate reason for an action?

That the stated reason is a pretext and that age was the real reason for the decision.

What does the ADA prohibit?

Disability-based discrimination in workplaces with fifteen or more workers.

What must a plaintiff show to prevail on a claim under the ADA?

That they have a disability, are qualified for the job, and were excluded solely because of the disability.

What are the three definitions of a disability under the ADA?

A physical or mental impairment that limits major life activities, a record of such impairment, or being regarded as having such impairment.

What does the ADA require regarding the accommodation of employees with disabilities?

Employers must reasonably accommodate the needs of qualified individuals unless it causes undue hardship.

What constitutes undue hardship for an employer under the ADA?

Significantly difficult or expensive accommodations for the employer.

What must employers do regarding job applications for individuals with disabilities?

Modify the application process to allow equal competition and restrict certain questions.

What protections does the ADA provide regarding health insurance for workers with disabilities?

They must have equal access to health insurance and cannot be excluded from coverage.

What does the ADA say about substance abusers?

It protects those with former drug addictions who are in rehabilitation but not those currently using illegal drugs.

What is the ADA's stance on alcoholism?

Persons suffering from alcoholism are protected under the ADA.

What rights do employees have if their confidential medical information is disclosed?

They have the right to sue the employer for disclosure, even if not technically disabled.

What must a plaintiff prove to establish age discrimination when replaced by a younger worker?

That the discharge was motivated by age bias, not necessarily that the replacement was outside the protected class.

What is the significance of the term 'but for' in ADEA cases?

It means that the adverse action would not have occurred but for the employee's age.

What is a key requirement for reasonable accommodation under the ADA?

The employee must be otherwise qualified to perform essential job functions with accommodation.

What is the role of the EEOC in ADA claims?

The EEOC investigates claims and may sue the employer on behalf of the employee.

What must employers do regarding mitigating measures in disability assessments?

They cannot consider mitigating measures when determining if an individual has a disability.

What is the burden of proof for a plaintiff in an ADEA case?

The plaintiff must prove that age discrimination was the reason for the employment action.

What is required for an employer to demonstrate undue hardship?

They must show that the accommodation would be significantly difficult or expensive.

What does the ADA say about adverse actions based on stereotypes of individuals associated with disabled persons?

Employers cannot take adverse actions based on assumptions about those who associate with disabled individuals.

What is the significance of the term 'pretext' in employment discrimination cases?

It refers to the need for the plaintiff to prove that the employer's stated reason for an action is not the true reason.

What does the ADA protect individuals suffering from?

The ADA protects individuals suffering from alcoholism.

What actions can employers take regarding alcohol use in the workplace?

Employers can prohibit alcohol use and require employees not to be under the influence while working.

Under what condition can an employer fire an alcoholic employee?

If the employee poses a substantial risk of harm that cannot be reduced by reasonable accommodation.

What does the USERRA stand for?

Uniformed Services Employment and Reemployment Rights Act.

What does the USERRA prohibit?

Discrimination against persons who have served in the military.

Who is covered under the USERRA?

All employers, public and private, regardless of size, including those operating in foreign countries.

What is required for military plaintiffs under the USERRA?

They can sue employers for violations without a statute of limitations.

What must a plaintiff establish to prove a prima facie case of discrimination under the USERRA?

The employer took an adverse employment action based on the employee's military connection.

What are returning service members entitled to under the USERRA?

They are to be reemployed in the jobs they would have attained had they not been absent for military service.

What is the first line of defense for employers in discrimination cases?

To assert that the plaintiff has failed to prove that discrimination occurred.

What is a business necessity defense?

A defense where an employer shows that a discriminatory practice is related to job performance.

What is a bona fide occupational qualification (BFOQ)?

An identifiable characteristic reasonably necessary to the normal operation of a particular business.

Can race, color, and national origin be considered BFOQs?

No, they can never be BFOQs.

What is a seniority system in employment?

A system where promotions and benefits are distributed based on length of service.

What is after-acquired evidence?

Evidence discovered after a lawsuit has been filed that may limit employer liability.

What is affirmative action?

Job-hiring policies that give special consideration to members of protected classes.

What entities were required to implement affirmative action policies in the 1960s?

Federal and state agencies, private companies contracting with the federal government, and institutions receiving federal funding.

What is the equal protection issue related to affirmative action?

Affirmative action programs may violate the equal protection clause of the Fourteenth Amendment.

What must an affirmative action program do to be constitutional?

Attempt to remedy past discrimination and not use quotas or preferences.

Which states prohibit affirmative action programs at public institutions?

Arizona, California, Florida, Michigan, Nebraska, New Hampshire, Oklahoma, and Washington.

What was Michelle Lyle's role at Warner Brothers?

She was a scriptwriters' assistant for the writers of Friends.

What was the basis of Lyle's lawsuit against Warner Brothers?

She alleged sexual harassment and racial discrimination.

What might impact Lyle's lawsuit regarding her typing speed?

Her claimed typing speed was higher than her actual speed, which could affect her performance justification.