BLAW Chapter 21 - Employment Discrimination

These flashcards cover key concepts and terms related to employment discrimination law, including relevant legislation and case precedents.

What is a protected class in employment discrimination law?

A class of persons defined by criteria such as race, color, religion, national origin, gender, sexual orientation, age, or disability.

What does Title VII prohibit?

Employment discrimination on the basis of race, color, religion, national origin, gender, and sexual orientation.

Which Act prohibits discrimination based on age?

The Age Discrimination in Employment Act (ADEA) prohibits discrimination against individuals 40 years of age or older.

What is disparate-treatment discrimination?

Intentional discrimination by an employer against an employee.

What are the four elements required to establish a prima facie case of disparate-treatment discrimination?

1. The plaintiff is a member of a protected class

2. The plaintiff applied and was qualified for the job.

3. The plaintiff was rejected by the employer.

4. The employer sought applicants or filled the position with someone not in a protected class.

What is disparate-impact discrimination?

Occurs when a protected group is adversely affected by an employer’s practices, procedures, or tests, even if the practices do not appear discriminatory.

What is the significance of the 'pool of applicants' method in proving disparate-impact discrimination?

It compares the employer's workforce to the qualified individuals in the local labor market to show discrimination.

What must an employee do before filing a lawsuit under Title VII?

File a claim with the Equal Employment Opportunity Commission (EEOC).

What does the Pregnancy Discrimination Act entail?

It expands Title VII's definition of gender discrimination to include discrimination based on pregnancy, childbirth, or related medical conditions.

What is constructive discharge?

Occurs when an employer's intolerable working conditions compel an employee to quit.

What constitutes sexual harassment under Title VII?

1. Quid Pro Quo: Demanding sexual favors for job benefits. 2. Hostile Environment: A pattern of sexually offensive conduct.

How does Title VII protect against retaliation?

It protects employees from adverse actions when they speak out about discrimination against others.

What is the Americans with Disabilities Act (ADA)?

Prohibits disability-based discrimination in workplaces with 15 or more employees and requires reasonable accommodation unless it causes undue hardship.

What are the two key defenses against disparate-impact discrimination claims?

Business Necessity and Bona Fide Occupational Qualification (BFOQ).

How does the Equal Pay Act relate to wage discrimination?

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

What is the significance of the Kassa v. Synovus Financial Corp case?

It emphasizes an employer's obligation to provide reasonable accommodations for employees with disabilities.

What does 'after-acquired evidence' refer to in employment discrimination cases?

Evidence of employee misconduct discovered after a lawsuit has been filed, which cannot entirely shield the employer from liability.