Civil Rights Act of 1964 - Title VII and Employment Discrimination

These flashcards cover key concepts and details regarding Title VII of the Civil Rights Act of 1964 and related employment discrimination laws.

What does Title VII of the Civil Rights Act of 1964 prohibit?

Title VII prohibits employment discrimination based on race, color, religion, sex, or national origin.

What must a plaintiff prove to establish a prima facie case of disparate treatment?

1) Plaintiff is a member of a protected class; 2) Plaintiff applied and was qualified for the job; 3) Plaintiff was rejected; 4) Employer continued seeking applicants.

What is the burden of proof in a disparate treatment case?

The plaintiff must prove their prima facie case, then the burden shifts to the employer to provide a legitimate reason.

What is a prima facie case of disparate impact discrimination?

Plaintiff must prove that a facially neutral employment practice has a significant adverse impact on a protected class.

What year was the Civil Rights Act passed?

The Civil Rights Act was passed in 1964.

What is the role of the Equal Employment Opportunity Commission (EEOC) under Title VII?

The EEOC investigates discrimination complaints and enforces federal employment discrimination laws.

What constitutes intentional discrimination under Title VII?

Intentional discrimination, or disparate treatment, occurs when an individual is treated unfairly due to their membership in a protected class.

What is the Pregnancy Discrimination Act of 1978?

It amended Title VII to include discrimination based on pregnancy, childbirth, or related medical conditions.

What is the definition of 'disability' under the Americans with Disabilities Act (ADA)?

A disability is any physical or mental impairment that substantially limits one or more major life activities.

What does the concept of 'constructive discharge' mean?

Constructive discharge occurs when employees feel compelled to resign due to intolerable working conditions.

What is the significance of the case Griggs v. Duke Power?

The case established that employment practices that disproportionately affect a protected class can violate Title VII, even if discriminatory intent is not proven.

What is a Bona Fide Occupational Qualification (BFOQ)?

A BFOQ allows for discrimination in hiring practices when a specific characteristic is essential to the job.

What is the Age Discrimination in Employment Act (ADEA) and its purpose?

The ADEA prohibits employment discrimination against individuals age 40 and older.

What are the defenses an employer can use against discrimination claims?

1) Business necessity; 2) BFOQ; 3) Seniority system.

What constitutes sexual harassment under Title VII?

Sexual harassment includes unwelcome sexual advances or a hostile work environment based on sex.

What are compensatory damages under Title VII?

Compensatory damages may be awarded for actual losses due to discrimination, if intentional.

What are employers required to provide regarding religious discrimination?

Employers must accommodate an employee's religious beliefs unless doing so imposes an undue hardship.

How does the Equal Pay Act relate to Title VII?

The Equal Pay Act mandates equal pay for equal work regardless of gender, thus complementing Title VII protections.

What is disparate impact?

Disparate impact refers to policies that are neutral on their face but disproportionately affect a protected group.

What is an administrative procedure required before pursuing claims in court?

Plaintiffs must exhaust all EEOC procedures prior to filing a lawsuit.

How are sexual orientation and gender identity treated under Title VII?

Title VII includes discrimination based on sexual orientation and gender identity as prohibited forms of discrimination.

What is the effect of retaliation under Title VII?

Retaliation against an employee for reporting discrimination or participating in an investigation is illegal.

How does the ADA define a 'major life activity'?

Major life activities include functions such as walking, seeing, hearing, and learning.

What is the importance of the case Bostock v. Clayton Co.?

It established that discrimination based on sexual orientation or transgender status is prohibited under Title VII.

What does the term 'reverse discrimination' mean?

Reverse discrimination refers to discrimination against members of a majority or historically dominant group.

What is required of employers regarding accommodations for employees with disabilities?

Employers must provide reasonable accommodations unless it causes undue hardship on the business.