Legal Environment of Work: Introduction to Discrimination

Vocabulary flashcards covering employment discrimination, protected classes, statutory frameworks, burdens of proof, and administrative EEOC procedures.

Disparate Treatment

Intentional, unequal treatment of an employee or applicant based on their membership in a legally protected class.

Disparate Impact (Adverse Impact)

The unintentional but disproportionate negative impact of an employment policy or practice on members of a protected class.

Protected Class

A group of people who share a common characteristic and are legally protected from discrimination based on that characteristic.

Comparator Employees

Employees who engaged in the same or similar conduct as the claimant but did not experience the same adverse employment action, used as factual evidence to show disparate treatment.

Title VII of the Civil Rights Act

A federal law protecting employees against discrimination based on race, color, national origin, religion, and sex (including gender, gender identity, pregnancy, and sexual orientation).

Age Discrimination in Employment Act (ADEA)

A federal law that prohibits employment discrimination against individuals age 40 and older, applying to employers with 20 or more employees.

Americans with Disabilities Act (ADA)

A federal law that legally protects individuals from employment discrimination based on disability, applying to employers with 15 or more employees.

Jespersen v. Harrah's

A legal case holding that a casino's personal best policy requiring female bartenders to wear makeup was not discriminatory because it was not sufficiently linked to sex stereotypes and grooming standards applied to all genders.

Motivating Factor Standard

The burden of proof under Title VII requiring the plaintiff to show that their membership in a protected class was a motivating factor in the employer's adverse employment decision.

But For Causation Standard

The legal standard of proof required in age (ADEA) and disability (ADA) discrimination cases, establishing that the adverse decision would not have occurred but for the plaintiff's protected class status.

Equal Employment Opportunity Commission (EEOC)

An independent, neutral federal agency created by federal law charged with investigating and enforcing federal civil rights and employment nondiscrimination laws.

15 or More Employees Threshold

The minimum employer size required for coverage under Title VII, the Americans with Disabilities Act (ADA), the Genetic Information Nondiscrimination Act (GINA), and the Pregnant Workers Fairness Act (PWFA).

20 or More Employees Threshold

The statutory minimum number of employees an employer must have to be covered under the Age Discrimination in Employment Act (ADEA).

180 / 300 Days

The statutory timeframe within which an individual must file a discrimination charge after an adverse employment action occurs.

10 Days

The timeframe required for the EEOC to notify an employer after a discrimination charge has been filed against them.

Right to Sue Notice

A letter issued by the EEOC following a determination (such as No Cause) granting the claimant 90 days to file a private complaint in court.

Conciliation

The informal voluntary resolution process initiated by the EEOC after issuing a Cause determination before filing a lawsuit in court.

90 Days

The statutory period a claimant has to file a court complaint after receiving a Right to Sue letter, or the timeframe following conciliation before suit is filed by the EEOC or Attorney General.

State Nondiscrimination Agencies

State-level administrative bodies (such as the Michigan Department of Civil Rights) that enforce both state and federal discrimination laws under agreements with the EEOC.

Genetic Information Nondiscrimination Act (GINA)

A federal law enforced by the EEOC covering employers with 15 or more employees that prohibits employment discrimination based on genetic information.

Pregnant Workers Fairness Act (PWFA)

A federal statute enforced by the EEOC that applies to employers with 15 or more employees to protect pregnant employees in the workplace.