Ch. 16 – Employment Discrimination

protected class: A group of persons protected by specific laws because of the group’s defining characteristics, including race, color, religion, national origin, gender, sexual orientation, age, disability, and military status

Title VII of the Civil Rights Act: prohibits discrimination against employees, applicants, and union members on the basis of race, color, national origin, religion, gender, or sexual orientation at any stage of employment, applies to employers/labor unions with fifteen or more members and employment agencies/governing units/operate hiring halls

Equal Employment Opportunity Commission (EEOC):  must file a claim with the EEOC before bringing a suit against the employer, may investigate the dispute and attempt to arrange an out-of-court settlement, may file a suit against the employer on the employee’s behalf. If decides not to investigate the claim, the EEOC issues a “right to sue” that allows the victim to bring a personal lawsuit against the employer

disparate-treatment discrimination: A form of employment discrimination that results when an employer intentionally discriminates against employees who are members of protected classes

prima facie case: Latin for “at first sight”, A case in which the plaintiff has produced sufficient evidence of a claim that the case will be decided for the plaintiff unless the defendant produces evidence to rebut it

Disparate-impact discrimination: Discrimination that results from certain employer practices or procedures that, although not discriminatory on their face, have a discriminatory effect

Prove disparate impact: comparing the employer’s workforce with the pool of qualified individuals available in the local labor market, MUST SHOW- as a result of educational or other job requirements or hiring procedures, the percentage of nonwhites, women, or members of other protected classes in the employer’s workforce, does not reflect the percentage of that group in the pool of qualified applicants.

four-fifths rule: a selection rate for protected classes that is less than four-fifths, or 80 percent, of the rate for the group with the highest rate generally is regarded as evidence of disparate impact

Pregnancy Discrimination Act: expanded Title VII’s definition of gender discrimination to include discrimination based on pregnancy

Equal Pay Act: requires equal pay for male and female employees doing similar work at the same establishment, looks at primary duties of the two jobs—the job content rather than the job description controls

Lilly Ledbetter Fair Pay Act: made discriminatory wages actionable under federal law regardless of when the discrimination began

Constructive discharge: A termination of employment brought about by making the employee’s working conditions so intolerable that the employee reasonably feels compelled to leave, employee can pursue damages for loss of income, including back pay

sexual harassment: The demanding of sexual favors in return for job promotions or other benefits, or language or conduct that is so sexually offensive that it creates a hostile working environment

Quid pro quo harassment: sexual favors are demanded in return for job opportunities, promotions, salary increases, or other benefits

Hostile-environment harassment: a pattern of sexually offensive conduct runs throughout the workplace and the employer has not taken steps to prevent or discourage it

tangible employment action: A significant change in employment status or benefits, such as occurs when an employee is fired, refused a promotion, or reassigned to a lesser position (constructive discharge also qualifies)

Ellerth/Faragher affirmative defense: employer has taken reasonable care to prevent and promptly correct any sexually harassing behavior and plaintiff-employee unreasonably failed to take advantage of any preventive or corrective opportunities provided by the employer to avoid harm

retaliation claims: individuals assert that they have suffered a harm as a result of making a charge, testifying, or participating in a Title VII investigation or proceeding, do not have to prove that the challenged action adversely affected their workplace or employment, must show that the challenged action was one that would likely have dissuaded a reasonable worker from making or supporting a charge of ­discrimination

Americans with Disabilities Act (ADA): prohibits disability-based discrimination in workplaces with fifteen or more workers (with the exception of state government employers

ADA claim: The plaintiff has a disability. The plaintiff is otherwise qualified for the employment in question. The plaintiff was excluded from the employment solely because of the disability.

Disability: A physical or mental impairment that substantially limits one or more of an individual’s major life activities. A record of such an impairment. Being regarded as having such an impairment.

Uniformed Services Employment and Reemployment Rights Act (USERRA): prohibits discrimination against persons who have served in the military, covers all employers, public and private, large and small, military plaintiffs can sue not only the employer but also individual employees who were acting in an official capacity for the employer, no statute of limitations

business necessity: A defense to an allegation of employment discrimination in which the employer demonstrates that an employment practice that discriminates against members of a protected class is related to job performance

bona fide occupational qualification (BFOQ): An identifiable characteristic reasonably necessary to the normal operation of a particular business. Such characteristics can include gender, national origin, and religion, but not race

seniority system: A system in which those who have worked longest for an employer are first in line for promotions, salary increases, and other benefits, and are last to be laid off if the workforce must be reduced

after-acquired evidence of an employee’s misconduct: evidence that the employer discovered after the employee had filed a lawsuit

Affirmative action: Job-hiring policies that give special consideration to members of protected classes in an effort to overcome present effects of past discrimination