Employment Law Test 2

Front 1

Disparate Impact discrimination claim requires what kind of evidence>

Back 1

number/Statistics-must show disproportionate effect

Front 2

A prima facie case raises a presumption of unlawful discrimination.

Back 2

A prima facie case means you stated your case for discrimination- when you're a member of this class, show your qualified for the job, show adverse impact and other people were treated better than you- made your prima facie case

Front 3

The prima facie case is rebutted by a proof of a _________ reason?

Back 3

Give nondiscriminatory reason for rebuttal

shifting of burden of proof

Front 4

To be successful on a hostile environment discrimination claim the employee must take advantage of an employer's?

Back 4

Reporting procedures

Front 5

Circumstantial evidence requires a fact finder to draw an ________ from the fact?

Back 5

inference

Front 6

Constructive discharger occurs when the conditions becomes so ________ for the employee

Back 6

intolerable

Front 7

Pattern of practice cases require proof of _______ denial of employment rights

Back 7

systematic

Front 8

Are punitive damages available in a disparate impact case?

Back 8

NO

Disparate impact-accidental

Disparate treatment- intentional- punitive damage is available

Front 9

Title 7 provides for a cap on _______ and punitive damages

Back 9

compensatory damages

Front 10

Courts general require a reasonable _________ between actual and punitive damages

Back 10

proportionality

Front 11

Consent decrees require the _______ of the parties and the approval of the court

Back 11

agreement

Front 12

1981 applies to employment discrimination because it is a___________

Back 12

Contract

Front 13

1981 has a _________ statute of limitations

Back 13

Borrowed- borrowed from the states

Front 14

The purpose of Affirmative Action Plans is to remedy effect of _____________ discrimination

Back 14

Past discriminations

Front 15

The object of an Affirmative Action plan is to achieve racial _____________

Back 15

Balance

Front 16

Disparate treatment requires a showing of __________ discrimination

Back 16

Intentional

Front 17

Violation of the 1981 requires the showing of the interference of the __________ of employment>

Back 17

contract

Front 18

1983 prohibits conduct under the _______ state law

Back 18

color

Front 19

Disparate treatment claims include discrimination based on racial __________

Back 19

characteristics

Front 20

Disparate impact discrimination depends upon a showing of the _______ effect of the challenged conduct

Back 20

Disproportionate

Front 21

Consent decrees are an effective method of remedying __________ race discrimination

Back 21

systematic

Front 22

Title 7 of the Civil Rights Act of 1964 deals with employment discrimination

Back 22

True

Front 23

Title 7 of the Civil Rights Act covers all employers?

Back 23

False- doesn't apply to the federal government or private employers

Front 24

Title 7 protects applicants of employment

Back 24

True

Protects employees, applicants and members of unions

Front 25

Unlawful intent must be proved in a disparate impact discrimination case

Back 25

False

Front 26

Proof of business necessity is a necessary element of the bona fide occupational qualification defense?

Back 26

True

being catholic to teach religion

Front 27

Equal Employment Opportunity Commission (EEOC) may not file suit on a Title 7 violation unless a charge of discrimination has been filed?

Back 27

False

they are not limited by just discrimination

Front 28

Most Title 7 cases are proved with circumstantial evidence?

Back 28

True

Front 29

Proof by shifting burdens of persuasion is unnecessary in Title 7 cases where direct evidence is available

Back 29

True

Front 30

Proof of adverse action is required in a Title 7 retaliation case

Back 30

TruP

Front 31

Summary judgment is a procedure frequently used in Title 7 cases

Back 31

True

Front 32

The Emancipation Proclamation automatically freed all the slaves in the United States

Back 32

False

Front 33

Government officials may be sued individually under 1983

Back 33

True

Front 34

The Emancipation Proclamation was issued pursuant to the President's powers as Commander-in-Chief

Back 34

True

Front 35

1983 claims to involve providing citizens of constitutional rights under the color of law?

Back 35

True

Front 36

Reverse race discrimination is never justified

Back 36

False

Front 37

the effect of the 14th amendment was to extend the damages of personal liberty of the US Constitution to the States?

Back 37

True

Front 38

The 14th amendment prohibits employment discrimination in private employment

Back 38

False

it applies to the constitution of the states

Front 39

In order to be actionable, a hostile environment race discrimination claim must include a showing that the challenged conduct was severe or pervasive

Back 39

True

Front 40

Preferential hiring of affirmative action plans are unlawful once racial parity has been achieved

Back 40

False

Front 41

Practical Application of skills:

Back 41

180 days yo have to file with EEOC

Front 42

On _______ Mary was refused employment because she is a girl. When do you need to file the EEOC charge of discrimination

Back 42

There will be 4 dates and they will be close- the right date and 3 days right by the right date- so you have to could out 180 days

Remember: day 1 is the next day after discrimination and count all the days including Saturday and Sunday until you reach 180 days- that is the day:NOT THE NEXT DAY

Remember: if 180 days end on a Holiday, Saturday or sunday, they have until that monday