Chapter 12: Employment Discrimination

Vocabulary flashcards defining major terms, statutes, theories of liability, Supreme Court precedents, and employer defenses from Chapter 12 Employment Discrimination.

Employment Discrimination

Workplace-related discrimination encompassing the hiring process, treatment regarding promotions, demotions, schedules, working conditions, assignments, and disciplinary actions such as reprimands, suspensions, or terminations.

Equal Employment Opportunity Commission (EEOC)

The administrative agency charged with carrying out federal workplace antidiscrimination laws using its rulemaking authority, investigatory powers, and enforcement actions.

Title VII of the Civil Rights Act of 1964

The cornerstone federal statute prohibiting workplace discrimination based on an employee's race, color, national origin, gender, or religion, applicable to private sector employers with 15 or more full-time employees.

Protected Classes

Classifications of employees covered by Title VII and other antidiscrimination statutes, including race, color, national origin, gender, religion, and pregnancy.

Bostock v. Clayton County (2020)

US Supreme Court decision holding that firing an individual simply for being homosexual or transgender violates Title VII's prohibition against discrimination on the basis of sex.

Disparate Treatment

Overt and intentional employment discrimination that occurs when an employer treats an employee or applicant differently based on membership in a protected class.

EEOC v. Abercrombie & Fitch Stores, Inc. (2015)

US Supreme Court ruling establishing that an applicant need only show that their need for a religious accommodation was a motivating factor in an employment decision, without requiring actual employer knowledge.

Prima Facie Case

Establishing evidence sufficient to prevail in a discrimination claim without proving additional facts, unless disproved or rebutted by the opposing party.

McDonnell Douglas Standard

A three-stage burden-shifting template for disparate treatment claims requiring the plaintiff to establish a prima facie case, the employer to articulate a legitimate nondiscriminatory reason, and the employee to prove pretext.

Pretext

A false excuse intended to cover up an employer's true discriminatory motive or action.

Mixed Motives

A theory of discrimination under the Hopkins standard where an employee is protected under Title VII if protected-class membership was a substantial factor in the employment decision, even if legitimate motives were also present.

Preponderance of the Evidence

A standard of proof meaning 'more likely than not,' which is lower than clear and convincing evidence.

Disparate Impact

A theory of discrimination under the Griggs standard prohibiting an employer from using a facially neutral practice that results in an unlawful adverse impact on members of a protected class.

Quid Pro Quo Sexual Harassment

A form of sexual harassment where sexual favors are demanded as a condition of continued employment or as a prerequisite for job benefits such as promotions or pay raises.

Hostile Work Environment Sexual Harassment

Sexual harassment occurring when workplace conduct is severe or pervasive enough to interfere with an individual's work performance or create an offensive environment.

Faragher/Ellerth Defense

An affirmative defense allowing an employer to avoid vicarious liability for harassment by proving a prevention and correction system was in place and the employee unreasonably failed to take advantage of it.

Age Discrimination in Employment Act (ADEA)

Federal statute prohibiting employers with 20 or more employees from discriminating against employees aged 40 or older based on their age.

Americans with Disabilities Act (ADA)

Federal law requiring employers with 15 or more employees to eliminate discriminatory practices against qualified disabled individuals and provide reasonable accommodations unless it causes undue hardship.

Disability (under ADA)

A physical or mental impairment that substantially limits a person's ability to participate in major life activities.

ADA Amendments Act of 2008 (ADAAA)

Statute expanding the definition of disability for broad coverage and requiring courts to determine disability without regard to corrective measures such as medication or artificial aids.

Qualified Individual

Under the ADA, a person who, with or without reasonable accommodations, can perform the essential functions of the employment position.

Essential Functions

The fundamental job duties of an employment position under the ADA, excluding marginal functions.

Undue Hardship

An accommodation defense where an action would cause significant difficulty or expense in light of the employer's overall resources, relieving the employer of the obligation to provide that specific accommodation.

Equal Pay Act (EPA) of 1963

Federal law requiring equal pay for men and women performing equal work on jobs requiring equal skill, effort, and responsibility under similar working conditions.

Lilly Ledbetter Fair Pay Act of 2009

Federal statute ensuring that employees subject to wage discrimination can challenge every discriminatory paycheck received.

Right-to-Sue Letter

A letter issued by the EEOC after 180 days from complaint filing that entitles the employee to file a discrimination suit in federal court.

Business Necessity

A broad defense used by employers to justify discrimination or rebut a disparate impact claim by proving the practice is legitimately necessary to business operations.

Bona Fide Occupational Qualification (BFOQ)

A statutory defense allowing employment decisions based on religion, gender, or national origin when reasonably necessary to normal business operations (never applicable to race).

Executive Order 11246

An executive order issued by President Lyndon B. Johnson in 1965 requiring federal contractors to make good faith efforts to implement affirmative action plans.

Title VII Liability Analysis

A decision framework evaluating coverage, protected class status, prima facie case, burden shifting, and pretext to determine employer liability under Title VII.