Employment Discrimination Practice Flashcards

These vocabulary flashcards cover the key legal terms and concepts regarding employment discrimination, Title VII, and employer defenses as presented in Chapter 35.

Employment discrimination

Unequal treatment of employees or job applicants on the basis of race, color, national origin, religion, gender, age, or disability; prohibited by federal statutes.

Protected class

A group of persons protected by specific laws because of the group’s defining characteristics, including race, color, religion, national origin, gender, age, and disability.

Title VII of the Civil Rights Act

Prohibits job discrimination against employees, applicants, and union members on the basis of race, color, national origin, religion, and gender at any stage of employment.

Equal Employment Opportunity Commission (E E O C)

The federal body that monitors compliance with Title VII; an employee must file a claim with it before a lawsuit can be brought against the employer.

Retaliatory discharge

The act of firing an employee in retaliation for submitting a claim to the E E O C.

Disparate-treatment discrimination

A form of employment discrimination that results when an employer intentionally discriminates against employees who are members of protected classes.

Disparate-impact discrimination

Discrimination results from certain employer practices or procedures that, although not discriminatory on their face, have a discriminatory impact.

Reverse Discrimination

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

42 U.S.C. Section 19 81

Enacted in 1866 to protect the rights of freed slaves, this section prohibits discrimination on the basis of race or ethnicity in the formation or enforcement of contracts.

Sexual harassment

The demanding of sexual favors in return for job promotions or other benefits, or language or conduct that is so sexually offensive that it creates a hostile working environment.

Quid pro quo harassment

Occurs when sexual favors are demanded in return for job opportunities, promotions, salary increases, or other benefits.

Hostile-environment harassment

Occurs when a pattern of sexually offensive conduct, intimidation, ridicule, and insult in the workplace is so severe or pervasive that it alters the conditions of employment.

Compensatory damages

A remedy under Title VII available only in cases of intentional discrimination.

Punitive damages

Damages that may be recovered against a private employer only if the employer acted with malice or reckless indifference to an individual’s rights.

Business necessity

A defense to disparage-impact (unintentional) discrimination where the employer demonstrates that a discriminatory practice is related to job performance.

Bona fide occupational qualification

A possible justification/defense an employer may assert once a plaintiff succeeds in proving that discrimination occurred.

Seniority system

A potential defense an employer can use to justify discriminatory practices after a plaintiff has established a case of discrimination.