Chapter 19: Employment Discrimination

Civil Rights Act of 1866

Prohibits racial discrimination in both private and public employment (does not apply to the federal government).

Equal Pay Act of 1963

A worker may not be paid at a lesser rate than employees of the opposite sex for equal work.

Disparate Treatment

A form of discrimination where a plaintiff must show they were treated less favorably due to their protected category.

Protected Categories

Classifications that cannot be used as a basis for discrimination: race, color, religion, sex, national origin.

Hostile Work Environment

A work environment that is so hostile toward people in a protected category that it affects their ability to work.

Quid Pro Quo

A Latin phrase meaning 'one thing in return for another', often related to sexual harassment.

Pregnancy Discrimination Act (PDA)

An amendment to the Civil Rights Act that prohibits discrimination against women because they are pregnant.

Equal Employment Opportunity Commission (EEOC)

The agency charged with enforcing federal discrimination law.

Bona Fide Occupational Qualification

A permissible basis for discrimination if it is essential to the job in question.

Disparate Impact

A situation where an employer's non-discriminatory rule effectively excludes too many individuals from a protected category.

Retaliation

Prohibits employers from retaliating against workers who oppose discrimination or take part in investigations.

Reverse Discrimination

An employment decision that harms a white person or a man because of his gender or race.

Americans with Disabilities Act (ADA)

Prohibits discrimination on the basis of disability, requiring reasonable accommodations for those with disabilities.

Merit as a Defense to Discrimination

Defense that a defendant is not liable if the person favored was the most qualified.

Age Discrimination

Prohibits discrimination against individuals 40 years and older regarding employment opportunities.

Affirmative Action

Programs that remedy the effects of past discrimination through litigation, voluntary action, or government contracts.

Undue Hardship

A legal standard used to determine when an employer need not accommodate a worker’s religious practices.