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20 Cards in this Set
- Front
- Back
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Employment at Will Doctrine
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An employee can quit or be fired for any reason or no reason.
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Fourteenth Amendment Equal Protection Clause
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No state shall deny anyone equal protection.
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Laws Passed by States Based On Police Powers
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Health, safety, welfare, and morals.
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Laws That Discriminate
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Smoking, drinking age, college admission.
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Affirmative Action
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Plans designed to make up for past discrimination in education and employment, and to create more diversity.
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Bakke Case
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Univ. of Cal. Med. School
16/100 spots for minority White male got higher scores He won |
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Hopwood Case
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Univ. of Texas Law School
Is diversity compelling It is not (unconstitutional) |
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Michigan Law School
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Sup. Ct. ruled diversity is compelling
Wanted critical mass (not a set number) Its not a quota Michigan won |
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Plans likely to be Legal
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Temporary more than permanent
Goal more than a quota |
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Title VII of Civil Rights Act
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Prevent discrimination in workplace based on race, color, religion, sex, national origin.
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Title VII Coverage
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Companies with 15 or more employees and 20 or more weeks per year
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Prima Facie Case
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Belong to protected class (race)
Qualified Discriminated against Others outside your class are treated better |
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BFOQ (Bonafide Occupational Qualifications)
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Some jobs require certain gender, religion, national origin
Female Strippers, Priests, Ethnic Cook |
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Factors Other Than Race, Gender, etc.
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Sexual Predator, Bad References, Not Enough Experience
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Sex Harassment (Quid Pro Quo)
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When job benefits are conditioned based on sex
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Hostile Environment Harassment
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Posters, sex talk, asking for dates, emails
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Plaintiff Must Prove:
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Unwelcome sex conduct
Bothers victim Frequency Severity Humiliating |
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If harasser is a co-worker
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Company should know about it
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If harasser is supervisor
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Company is liable
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Americans With Disabilities Act
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Companies can't discriminate against disabled people who can do the job with or without reasonable accomadations
Exceptions: expenses |
