Employment Discrimination Law: Title VII, ADA, EPA, and GINA

Comprehensive practice flashcards reviewing employment discrimination principles under Title VII, the ADA, ADEA, EPA, and GINA, including legal theories, employer defenses, and agency enforcement.

What are the five original protected classes established under Title VII of the Civil Rights Act?

The five original protected classes are Race, Color, Religion, Sex (which encompasses sexual orientation and gender identity), and National Origin.

Which major protected classes are covered by separate federal statutes rather than Title VII?

Age (protected under the ADEA) and Disability (protected under the ADA).

Which private-sector employers fall under the coverage of Title VII?

Private-sector employers that have $15$ or more employees for each working day in $20$ or more calendar weeks in the current or preceding year.

What are the key exemptions to employer coverage under Title VII?

Very small businesses with fewer than $15$ workers, bona fide private membership clubs, and religious organizations hiring individuals of a particular religion for activities connected with the organization's religious functions.

What is the time limit for a worker to file a formal discrimination charge with the EEOC?

The charge must be filed within $180\text{ days}$ of the incident, or within $300\text{ days}$ if a state or local anti-discrimination agency exists.

What right does an EEOC "Right-to-Sue" letter grant to a complainant, and what is the filing deadline?

It allows the employee to file their own private lawsuit in federal court within $90\text{ days}$ of receiving the letter.

How does disparate-treatment discrimination differ from disparate-impact discrimination regarding intent?

Disparate treatment is intentional and requires the plaintiff to prove discriminatory motive. Disparate impact is unintentional and does not require discriminatory motive; only the statistical outcome of a facially neutral rule matters.

What defense must an employer prove when facing a disparate-impact discrimination claim?

The employer must prove Business Necessity by showing that the facially neutral rule or test is job-related and essential for safe and efficient performance.

What primary remedies are available to "make whole" a successful plaintiff in a Title VII discrimination case?

Reinstatement or hiring (or front pay), back pay and lost benefits, compensatory damages (for emotional distress and out-of-pocket costs), punitive damages (for malice or reckless indifference), and attorney's fees and court costs.

What restrictions apply to the award of punitive damages under Title VII?

Punitive damages are capped based on company size and are not available against government employers.

How does color discrimination differ from race discrimination under Title VII?

Race discrimination is based on ancestry or physical traits (such as hair texture or facial features), whereas color discrimination is based specifically on skin tone pigmentation and can occur between individuals of the exact same race.

What is the legal presumption regarding English-only rules in the workplace?

English-only workplace rules are presumed to be discriminatory based on national origin unless the employer proves a strict business necessity, such as emergency safety communications.

Under Groff v. DeJoy, what standard must an employer meet to establish an "undue hardship" defense against religious accommodations?

The employer must show that the accommodation results in substantial increased costs or operational burden in relation to the specific business; minor administrative inconvenience or coworker grumbling does not qualify.

What did the Supreme Court establish regarding Title VII's sex protections in Bostock v. Clayton County?

Title VII's prohibition of discrimination based on sex encompasses discrimination based on sexual orientation and gender identity.

What core standard does the Equal Pay Act (EPA) mandate?

Men and women working in the same establishment must receive equal pay for equal work requiring substantially equal skill, effort, and responsibility under similar working conditions, regardless of job titles.

What are the four statutory defenses an employer can raise under the Equal Pay Act (EPA) to justify pay disparities?

1. A seniority system; 2. A merit system; 3. A system measuring earnings by quantity or quality of production; or 4. Any factor other than sex (such as shift differentials, education/experience, or market rates).

What three prongs define a "disability" under the Americans with Disabilities Act (ADA)?

A person has a disability if they: 1. Have a physical or mental impairment that substantially limits one or more major life activities; 2. Have a record or history of such an impairment; or 3. Are regarded by the employer as having such an impairment.

What practices are strictly prohibited under the Genetic Information Nondiscrimination Act (GINA)?

Employers with $15$ or more workers cannot use genetic information (such as DNA tests or family medical history) in hiring, firing, pay, or promotion, and are strictly forbidden from requesting, requiring, or purchasing genetic data from applicants or employees.

What is the difference between Quid Pro Quo and Hostile Work Environment harassment?

Quid Pro Quo occurs when a supervisor conditions a tangible job benefit on submitting to unwelcome sexual advances (imposing strict employer liability). Hostile Work Environment involves severe or pervasive unwelcome conduct based on a protected class that creates an intimidating, hostile, or abusive workplace.

Which two protected classes can NEVER be justified by a Bona Fide Occupational Qualification (BFOQ)?

Race and Color can never be defended as a BFOQ under any circumstances.

What two elements must an employer prove to establish the Ellerth / Faragher affirmative defense against a hostile work environment claim?

1. The employer exercised reasonable care to prevent and promptly correct harassing behavior; and 2. The employee unreasonably failed to take advantage of preventative or corrective opportunities provided by the employer.

Under the Supreme Court precedent Burlington Northern, what constitutes illegal employer retaliation?

Any "materially adverse" action that would dissuade a reasonable worker from making or supporting a charge of discrimination (such as demotions, undeserved negative reviews, shift reassignments, or threats).