BUS Law Exam 2 set 1

What is Title VII of the Civil Rights Act of 1964?

An employment law that prohibits discrimination because of race, color, religion, sex, or national origin.

What five characteristics does Title VII protect?

Race, color, religion, sex, and national origin.

Who does Title VII protect?

Employees, not independent contractors.

What is an adverse employment action?

A negative employment decision, such as firing, demotion, or another action that harms the employee's employment.

What is a prima facie case?

The initial evidence a person must present to support a legal claim.

What four things must an employee generally show to establish a prima facie case of discrimination under the class framework?

The employee is in a protected class, met the employer's legitimate expectations, suffered an adverse employment action, and was treated less favorably than a similarly situated person outside the protected class.

What is disparate treatment?

Intentionally treating someone differently because of a protected characteristic.

What is disparate impact?

When a seemingly neutral workplace policy negatively affects a protected group more than other groups.

What is the direct method of proving discrimination?

Presenting evidence that the employer's decision was motivated by discrimination.

What is the indirect method of proving discrimination?

The employee presents an initial case, the employer gives a legitimate reason for its decision, and the employee tries to show that reason is false.

What is a legitimate, nondiscriminatory reason?

A lawful explanation for an employer's decision that is not based on discrimination.

What is pretext?

A false or misleading explanation used to hide the real reason for an employer's decision.

What is mixed-motive discrimination?

When an employment decision is made for both legitimate reasons and discriminatory reasons.

What is a bona fide occupational qualification?

A legally permitted job requirement based on a protected characteristic when that characteristic is reasonably necessary for the job.

What is the objective standard in a discrimination case?

Whether a reasonable person could conclude from the evidence that discrimination caused the employment decision.

What is a hostile work environment?

A workplace where unwelcome conduct based on a protected characteristic is sufficiently severe or pervasive to create an abusive work environment.

What does severe or pervasive mean?

The conduct is either extremely serious or happens repeatedly enough to create an abusive environment.

What is the subjective test for a hostile work environment?

The employee personally finds the conduct offensive.

What is the objective test for a hostile work environment?

A reasonable person would also find the conduct offensive.

Does an employee have to be the intended target of harassment to bring a hostile work environment claim?

No. The employee may be affected by harassing conduct even if it was directed at someone else.

Who counts as a supervisor for Title VII harassment liability?

A person empowered to take tangible employment actions against the employee, such as hiring, firing, demotion, or decisions affecting wages.

Does a person automatically count as a supervisor because they assign daily tasks?

No. Assigning tasks alone does not make someone a supervisor under the rule in Vance v. Ball State University.

What is quid pro quo harassment?

When a supervisor connects a job benefit or punishment to whether an employee accepts or rejects sexual conduct.

When can an employer be strictly liable for supervisor harassment under the class framework?

When a supervisor's harassment results in a tangible employment action.

How can an employer defend against a hostile work environment claim involving a supervisor but no tangible employment action?

The employer must show it reasonably tried to prevent or correct harassment and the employee unreasonably failed to use the available corrective opportunities.

When can an employer be liable for coworker harassment?

When the employer knew or should have known about the harassment and failed to take appropriate action.