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32 Cards in this Set

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What is the difference between disparate-treatment discrimination and disparate-impact discrimination?
No discriminatory intent required for disparate impact cases
Intent
What are the elements of a prima facie case of discrimination?
-Member of class
-Qualified for the job (applied for it)
-Rejected
-Employer filled with a person not in protected class or still looking
-Showing of PRETEXT (not giving the true reason they didn't hire the person)
What happens after the plaintiff establishes a prima facie case?
Plaintiff will win in the absence of a legally acceptable employer defense
(burden is on employer to give a legal reason for not hiring the plaintiff)
Plaintiff must then show that the reason the employer came up with is a PRETEXT (not the true reason)
What are the defenses?
-There was a legitimate, nondiscriminatory reason for the firing/lack of hiring
-Bona Fide Occupational Requirement
-Tests -- business necessity -- for disparate impact cases
Acquired Evidence Rule
??
Business Necessity
A defense to allegations 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
Reverse Discrimination
discrimination against "majority" workers (e.g. white males);
discrimination against other minority groups that are not given preferential treatment under a particular affirmative action program
Bona Fide Occupational Requirement (BFOQ)
identifiable characteristic reasonably necessary to the normal operation of a particular business (e.g. gender, national origin, religion, but NOT RACE)
Is discriminatory intent required in a disparate impact case?
No evidence of discriminatory intent need be shown in a prima facie case.
For whose acts can the employer be liable for sexual harassment?
Employers held liable for Title VII violations by managers or supervisors (must have taken a tangible employment action) in quid pro quo harassment cases regardless of whether they knew about it or not;

hostile-environment cases: majority of courts hold employers libable ONLY if they knew or should have known about the harassment and failed to take prompt remedial action

Basically, employers CAN be held liable for:
-coworkers
-supervisors
-nonemployees
Hostile-environment harassment (hostile work environment)
the workplace is permeated with discriminatory intimidation, ridicule, and insult, that is sufficiently severe or pervasive to alter the conditions of the victim's employment and create an abusive working environment
Employer defenses against hostile-environment
they can show that:
-they have taken "reasonable care to prevent and correct promptly any sexually harassing behavior)
-employees suing for harassment have failed to follow harassment policies and complaint procedures
Damages for title VII
-reinstatement
-back pay
-retroactive promotions
-damages
Age discrimination
40 years or older
To establish a prima facie age discrimination case:
-member of protected class
-qualified for job
-discharge gives inference to discrimination
-burden shifts to employer to show cause
What is the difference between disparate-treatment discrimination and disparate-impact discrimination?
No discriminatory intent required for disparate impact cases
Intent
What are the elements of a prima facie case of discrimination?
-Member of class
-Qualified for the job (applied for it)
-Rejected
-Employer filled with a person not in protected class or still looking
-Showing of PRETEXT (not giving the true reason they didn't hire the person)
What happens after the plaintiff establishes a prima facie case?
Plaintiff will win in the absence of a legally acceptable employer defense
(burden is on employer to give a legal reason for not hiring the plaintiff)
Plaintiff must then show that the reason the employer came up with is a PRETEXT (not the true reason)
What are the defenses?
-There was a legitimate, nondiscriminatory reason for the firing/lack of hiring
-Bona Fide Occupational Requirement
-Tests -- business necessity -- for disparate impact cases
Acquired Evidence Rule
??
Business Necessity
A defense to allegations 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
Reverse Discrimination
discrimination against "majority" workers (e.g. white males);
discrimination against other minority groups that are not given preferential treatment under a particular affirmative action program
Bona Fide Occupational Requirement (BFOQ)
identifiable characteristic reasonably necessary to the normal operation of a particular business (e.g. gender, national origin, religion, but NOT RACE)
Is discriminatory intent required in a disparate impact case?
No evidence of discriminatory intent need be shown in a prima facie case.
For whose acts can the employer be liable for sexual harassment?
Employers held liable for Title VII violations by managers or supervisors (must have taken a tangible employment action) in quid pro quo harassment cases regardless of whether they knew about it or not;

hostile-environment cases: majority of courts hold employers libable ONLY if they knew or should have known about the harassment and failed to take prompt remedial action

Basically, employers CAN be held liable for:
-coworkers
-supervisors
-nonemployees
Hostile-environment harassment (hostile work environment)
the workplace is permeated with discriminatory intimidation, ridicule, and insult, that is sufficiently severe or pervasive to alter the conditions of the victim's employment and create an abusive working environment
Employer defenses against hostile-environment
they can show that:
-they have taken "reasonable care to prevent and correct promptly any sexually harassing behavior)
-employees suing for harassment have failed to follow harassment policies and complaint procedures
Damages for title VII
-reinstatement
-back pay
-retroactive promotions
-damages
Age discrimination
40 years or older
To establish a prima facie age discrimination case:
-member of protected class
-qualified for job
-discharge gives inference to discrimination
-burden shifts to employer to show cause
Defenses against age discrimination case
-prove that-asserting the worker can no longer perform his or her duties
-the worker's skills were no longer needed
Disability discrimination
-employer is not obligated to accomodate the needs of job applicants or employees with disabilities who are NOT OTHERWISE QUALIFIED for the work

-if they are qualified, employer must make reasonable accomodations