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31 Cards in this Set
- Front
- Back
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Title VII Prohibits |
Discrimination based on: 1. Race 2. Color 3. National Origin 4. Religion 5. Sex |
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Sexual Orientation under Title VII |
Not covered, need to look at a Price/Waterhouse sexual stereotype analysis. |
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Title VII Applies to Employers with ___ Employees |
15 |
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Title VII Agency Predicate to SUit |
EEOC: 1. Request Right to Sue Letter 2. EEOC Has 180 days, then demand letter 3. Party has 90 days to file suit after letter received. |
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Title VII Violation Damages |
Entity Only Minimum: $50K Maximum: $300K Type: Front/Back pay; Fees; Injunction; Punitive |
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Title VII Discrimination Defense |
Good faith effort to prevent discrimination. Eliminates liability only for punitive damages. |
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14 USC 1981 |
Prohibits Race discrimination Applies to every employer No caps on damages No predicate to suit Four year statute of limitations |
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Retaliation Test |
A. Employee: 1. Protected activity; 2. employer's adverse action B. Employer: Show not based on protected activity C. Employee: Show but-for causation |
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Adverse Action for Retalliation |
Reasonable employee would find action materially adverse. |
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Bona Fide Occupational Qualification Defense (BFOQ) |
Elements: 1. Duty is the essence of the business 2. Relates to ability to do the job. 3. Reasonably necessary 4. No Less restrictive alternative *can never be race *customer preference can't justify |
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Disparate Impact Discrimination |
Facially neutral policy |
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Disparate Impact Burden Shifting Test |
A. Plaintiff: 1. Disparate result; 2. Causation B. Employer: Business justification for policy C. Plaintiff: Alternatives available which: 1. Less impact; 2. serve the same business purpose |
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Disparate Treatment Discrimination |
Intentional discrimination based on a protected category |
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McDonell/Douglass Test |
Used when there's no direct evidence: 1. Plaintiff Prima Facie Case: a. Member of protected class; b. Qualified and applied for position (denied); c. Position kept open and hired someone out side class with equal or lower qualifications 2. Employer: Legitimate no discriminatory reason 3. Plaintiff: Employer's reason is a pretext. |
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Mixed-Motive Discrimination |
1. Plaintiff proves discrimination 2. Defendant proves same action would have been taken absent impermissible motivator to eliminate liability for monetary damages. 3. Price Waterhouse: mixed motive is not a defense (overruled by Title VII amendment) |
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National Origin Discrimination |
English-only policies are per se illegal according to EEOC |
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Sexual Discrimination |
1. Price Waterhouse- gender stereotyping 2. Grooming/ Dress Codes: A. Cannot discriminate B. Can be different, but equal burden |
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Ability Testing |
Job related Business Necessity |
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Religious Discrimination (Types) |
1. Disparate Treatment 2. Failure to Accomodate |
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Religious Discrimination (Accomodations) |
Reasonable accommodations: Any expense or burden will qualify as unreasonable- very low bar. |
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Affirmative Action |
Program must: 1. Be to remediate a manifest imbalance 2. Be designed to be temporary |
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Pregnancy Discrimination Act |
PDA: 1. Treat the same- no extra rights 2. Abortion rights are covered 3. Parental rights are not covered (protects statutes, not conduct) |
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Age Discrimination in Employment Act (Application) |
>40 years old >20 employees |
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Age Discrimination in Employment Act (Enforcement) |
1. EEOC Enforces 2. Procedure: A. File CHarges with EEOC B. Wait 60 days before filing suit in court |
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Reasonable factor other than age |
Only Safety |
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Remedies for ADEA Violations |
1. Front/Back Pay 2. Injunction 3. Attorneys Fees 4. Liquidated damages (willful violations) |
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Older Workers Benefits Protection Act (Requirements) |
OWBPA: 1. Warning: A. Advise to talk to lawyer B. Give 21 days to consider 2. Give 7 days to rescind |
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Older Workers Benefits Protection Act (Risks) |
Contract is invalid Employee is still entitled to Severance package along with any recovery for violation of ADEA. |
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Genetic Information Nondiscrimination Act |
GINA: Don't discriminate based on genetics |
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Uniformed Services Employment and Re-Employment Rights ACT (USERRA) Employee Requirements |
1. Notify that he's leaving for uniformed service. 2. OTH or better discharge 3. Notify employer upon return No predicate to suit- Enforced by DOL |
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Uniformed Services Employment and Re-Employment Rights Act (USERRA) Employer's Requirements |
Applies to All Employers 1. Equivalent job (higher bar for hardship) 2. Cumulative 5 year absence 3. Escalator provision 4. Tenure provision (6-12 Mos) |
