discrimination

what is employment discrimination?

any adverse employment action made “because of” a person’s protected class

what is a protected class?

a category of people the law protects from discrimination b/c the characteristic is listed in a federal or state statute

protection comes from what laws?

Title VII, ADEA, ADA, pregnancy discrimination act, state/local civil rights laws

protected classes include?

• race

• color

• sex

• religion

• national origin

• age 40+

• disability

what is Title VII?

Title VII of the civil rights act of 1964. federal law that prohibits employment discrimination because of race, color, sex, religion, national origin

Title VII applies to who?

employers with 15 or more employees. working for 20 or more calendar weeks in the current/previous year. engaged in interstate commerce

title VII only applies to?

covered employers

race/color discrimination cases do not require slurs and often arise from?

assumptions, stereotypes, coded expectations

for religion, employer must

accomodate

what is ADEA?

age discrimination in employment act (40+). protects workers 40+.

reverse age discrimination is ____ recognized under federal law

NOT

the legal standard under ADEA is?

but-for causation

what is ADA?

americans with disabilities act.

who is protected under ADA?

actual disability, record of disability, regarded-as disabled

what is actual disability?

physical or mental impairment that substantially limits one or more major life activities

what is record of disability?

protects individuals who used to have a substantially limiting impairment

what is regarded-as disabled?

protected if the employer treats them as disabled, even if the person has:

• no disability

• minor condition

• temporary issue

• no impairment at all

for regarded-as disabled, person only needs to show?

that they were treated adversely because the employer perceived them as impaired. dont need to prove limit on major activity

ADA needs?

documentation

what is disparate treatment?

intentional discrimination. “you treated me differently because of my race, sex, religion, age”

what is the burden-shifting framework?

1. plaintiff proves their PFC (burden of proof aka burden of production)

2. employer must produce a legitimate, non-discriminatory reason (LNDR)

3. plaintiff must show pretext (burden of persuasion)

the plaintiff showing pretext must do what to win a case?

must show that

1. employer’s stated reason is false AND
   

2. the real reason was discrimination

what is disparate impact?

unintentional discrimination. occurs when facially neutral policy disproportionately harms a protected group. intent doesnt matter

what is harassment?

another way employers can violate title VII, the ADA, the ADEA

what does harassment ask?

did the workplace become offensive, abusive, or coercive because of a protected class?

what is hostile work environment?

unwelcome, based on protected class, and severe or pervasive enough to change the conditions of employment for a reasonable person

for hostile work environment, the legal standard is?

the conduct must be subjectively offensive (employee actually felt harassed), objectively offensive (a reasonable person would feel harassed), based on a protected class (sex, race, age, national origin, etc)

what is sexual harassment?

1. quid pro quo (this for that)

   1. demanding sexual favors for opportunities

2. hostile work environment

what is the employer liability for harassment?

based on the faragher/ellerth framework

1. if supervisors harassment results in a tangible employment action, then employer liable

2. if no tangible job action occurred, employer may avoid liability if BOTH:

   1. it exercises reasonable care to prevent and promptly correct harassment

   2. the employee unreasonably failed to report it