Ch. 16 – Employment Discrimination

Protected class

A group of persons protected by specific laws because of defining characteristics like race, color, religion, national origin, gender, sexual orientation, age, disability, and military status.

Title VII of the Civil Rights Act

Prohibits discrimination against employees, applicants, and union members based on race, color, national origin, religion, gender, or sexual orientation at any stage of employment.

Equal Employment Opportunity Commission (EEOC)

An agency that investigates discrimination claims, attempts to arrange out-of-court settlements, and can file lawsuits on behalf of employees.

Disparate-treatment discrimination

Employment discrimination that occurs when an employer intentionally discriminates against members of protected classes.

Prima facie case

A case in which the plaintiff has produced sufficient evidence for the case to be decided in their favor unless the defendant provides evidence to counter it.

Disparate-impact discrimination

Discrimination that results from practices that may appear neutral but have a discriminatory effect.

Four-fifths rule

A selection rate for protected classes that is less than 80% of the rate for the group with the highest rate indicates potential disparate impact.

Pregnancy Discrimination Act

An act that expanded Title VII’s definition of gender discrimination to include discrimination based on pregnancy.

Equal Pay Act

Requires equal pay for male and female employees performing similar work at the same establishment.

Lilly Ledbetter Fair Pay Act

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

Constructive discharge

Termination of employment due to intolerable working conditions compelling the employee to resign.

Sexual harassment

The demanding of sexual favors for job benefits or creating a hostile working environment with offensive conduct.

Quid pro quo harassment

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

Hostile-environment harassment

A pattern of offensive conduct in the workplace that is not addressed by the employer.

Tangible employment action

A significant change in employment status or benefits, such as being fired or demoted.

Ellerth/Faragher affirmative defense

A defense that employers can use if they can show they took steps to prevent harassment and the plaintiff failed to utilize those opportunities.

Retaliation claims

Claims asserting harm suffered due to making a charge or participating in an investigation related to discrimination.

Americans with Disabilities Act (ADA)

Prohibits disability-based discrimination in workplaces with fifteen or more workers.

ADA claim

A legal claim where a plaintiff alleges discrimination due to their disability.

Disability

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

Uniformed Services Employment and Reemployment Rights Act (USERRA)

Prohibits discrimination against individuals who have served in the military.

Business necessity

A defense against discrimination claims, showing that a discriminatory practice is necessary for job performance.

Bona fide occupational qualification (BFOQ)

A characteristic reasonably necessary for the normal operation of a business, including gender or national origin but not race.

Seniority system

A policy that favors employees with longer tenures for promotions or benefits.

After-acquired evidence of employee’s misconduct

Evidence discovered after an employee files a lawsuit.

Affirmative action

Policies that give special consideration to members of protected classes to counteract the effects of past discrimination.