Blaw Ch 21

Front 1

prima facie case

Back 1

A case in which the plaintiff has produced sufficient evidence of his or her conclusion that the case can go to to a jury; a case in which the evidence compels the plaintiff's conclusion if the defendant produces no evidence to disprove it.

Front 2

affirmative action

Back 2

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

Front 3

bona fide occupational qualification (BFOQ)

Back 3

Identifiable characteristics reasonably necessary to the normal operation of a particular business. These characteristics can include gender, national origin, and religion, but not race.

Front 4

business necessity

Back 4

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.

Front 5

constructive discharge

Back 5

A termination of employment brought about by making an employee's working conditions so intolerable that the employee reasonably feels compelled to leave.

Front 6

disparate-impact discrimination

Back 6

A form of employment discrimination that results from certain employer practices or procedures that, although not discriminatory on their face, have a discriminatory effect.

Front 7

disparate-treatment discrimination

Back 7

A form of employment discrimination that results when an employer intentionally discriminates against employees who are members of protected classes.

Front 8

employment discrimination

Back 8

Treating employees or job applicants unequally on the basis of race, color, national origin, religion, gender, age, or disability; prohibited by federal statutes.

Front 9

protected class

Back 9

A class of persons with identifiable characteristics who historically have been victimized by discriminatory treatment for certain purposes. Depending on the context, these characteristics include age, color, gender, national origin, race, and religion.

Front 10

seniority system

Back 10

In regard to employment relationships, a system in which those who have worked longest for the company are first in line for promotions, salary increases, and other benefits; they are also the last to be laid off if the workforce must be reduced.

Front 11

sexual harassment

Back 11

In the employment context, the granting of job promotions or other benefits in return for sexual favors or language or conduct that is so sexually offensive that it creates a hostile working environment.

Front 12

tangible employment action

Back 12

A significant change in employment status, such as firing or failing to promote an employee; reassigning the employee to a position with significantly different responsibilities; or effecting a significant change in employment benefits.