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EEO and Discrimination Law Chs. 6-7

Across
If the EEOC finds as the result of an investigation that unlawful discrimination has occurred, the EEOC will try to conciliate (settle) the charge. If conciliation efforts are not successful, the EEOC has the authority to file a ___ to protect the rights of individuals and the interests of the public.
Some of the events of “the Civil Rights Era” that paved the way to passage of the Civil Rights Act of 1964 include the Sit-___ and the Freedom Rides. (Describing these events, the actions and experiences of those involved, and how they helped to pave the way to passage of the Civil Rights Act of 1964 would be a good essay question.)
Title VII ___ to employers with fifteen or more employees, most labor organizations, and employment agencies. (Identifying what entities are covered by this law and what types of actions are prohibited by each, in response to a hypothetical, would be a good essay question.)
A bona fide occupational qualification (BFOQ) is a ___ exception to the civil rights law that allows an employer to hire employees of a specific gender, [or religion, or national origin] when business necessity—the safe and efficient performance of the particular job—requires it.
Mixed motive cases involve an employer violating Title VII by considering an illegal factor in making an employment decision, ___ though there may have been other factors also motivating the decision or practice. If the employer is able to show that it would have reached the same decision in the absence of the illegal factor, then the employer’s liability for monetary remedies under Title VII is reduced under Section 706(g)(2)(B). The employer is subject to a court order to cease violating Title VII and is liable for the plaintiff’s legal fees but is not required to pay damages or to reinstate or hire the plaintiff if they prove that they would have made the same decision in the absence of discrimination.
___ discrimination (discrimination based on the ___ of one’s skin) is actionable and is not just another term for race discrimination. It refers to a situation where one is treating a person differently because they have lighter or darker skin tone that others of the same race.
Section 704(a) of Title VII prohibits ___. Under this provision, an employer, union, or employment agency is prohibited from taking an adverse action against an employee or applicant because that person has opposed any practice that is prohibited by Title VII (known as the “opposition clause”) or because that person has taken part in or assisted any investigation, hearing, or proceeding under Title VII (known as the “participation clause”).
The Supreme Court held in General Electric v. Gilbert (1976) that General Electric’s refusal to cover PREGNANCY or related conditions under its sick-pay plan, even though male-specific disabilities such as vasectomies were covered, did not violate Title VII. In response to this decision, Congress passed the PREGNANCY Discrimination ___ of 1978, which amended Title VII by adding language that clarified that “because of sex” or “on the basis of sex” include, but are not limited to, because of or on the basis of PREGNANCY, childbirth, or related medical conditions; and women affected by PREGNANCY, childbirth, or related medical conditions shall be treated the same for all employment-related purposes, including receipt of benefits under fringe benefit programs, as other persons not so affected but similar to their ability or inability to work. . . .
The Family and Medical ___ Act (FMLA), passed in 1993 allows eligible employees to take up to 12 weeks unpaid ___ in any 12 months because of: the birth, adoption, or foster care of a child; the need to care for a child, spouse, or parent with a serious health condition; or the employee’s own serious health condition makes the employee unable to perform functions of their job. (Identifying what employees and employers are covered by this law, what type of ___ the employee might be entitled to, and under what circumstances, in response to a hypothetical, would be a good essay question.)
The two federal laws that prohibit discrimination in ___ because of sex are the Equal ___ Act and Title VII of the Civil Rights Act of 1964. Often claims of ___ discrimination are brought under both laws because of different methods of proof and different remedies available under each. (Describing a recent case in the news involving ___ discrimination because of sex would be a good essay question.)
Once a plaintiff makes out a prima facie case of disparate treatment discrimination, the burden shifts to the defendant employer to prove that their action was ___ based on that person’s protected characteristic.
The work of the EEOC includes promulgating and enforcing ___ that implement the federal workplace discrimination laws.
An employer is always responsible for harassment by a supervisor that culminated in a tangible employment action. If the harassment did not lead to a tangible employment action, the employer is liable unless it proves that: it exercised reasonable ___ to prevent and promptly correct any harassment and the employee unreasonably failed to complain to management or to avoid harm otherwise. Employers will be liable for harassment by coworkers or even nonemployees if it knew of, or should have known of, the harassing conduct and failed to take reasonable steps to stop it. (Identifying such a situation, whether the employer may be liable, and the characteristics of an effective sexual harassment policy would be a good essay question.)
The EEOC’s Uniform Guidelines on Employee Selection Procedures, provide guidance about how to determine if employer tests and selection procedures are lawful for purposes of Title VII disparate impact analysis. The EEOC’s Uniform Guidelines 4/5ths ___ is essentially a ___ of thumb for for determining whether the selection rate for one group is “substantially” different than the selection rate of another group. The ___ states that one rate is substantially different than another if their ratio is less than four-fifths (or 80%).
In Bostock  v. Clayton County (2019) the Supreme Court held that an employer who fires an individual employee for being ___ or transgender does violate Title VII of the Civil Rights Act’s prohibition against discrimination “because of . . . Sex.” (Describing the background facts of this case, the Supreme Court decision, and Congress's response would be a good essay question.)
Historically the courts have ordered ___ when the employer has been found in violation of Title VII. The courts have consistently held that remedial ___ plans—plans set up to remedy prior illegal discrimination—are permissible under Title VII because such plans may be necessary to overcome the effects of the employer’s prior illegal discrimination.
In Wards Cove Packing Co. v. Antonio (1989) the Supreme Court held that one way to demonstrate that hiring practices had a disparate impact on a particular race is ___ comparing the racial composition of the employer’s workforce with the racial composition of the labor market from which applicants are drawn. If this comparison shows that there is a disparate impact, the employer must then demonstrate that the practice at issue is job-related for the position in question, and is consistent with business necessity.
___of the Civil Rights Act of 1964 became the foundation of most modern federal equal employment opportunity (EEO) law. ___ prohibits discrimination in employment based on race, color, sex, religion, or national origin.
Important regulations that the EEOC enforces include regulations specifying ___ requirements and regulations specifying notice posting requirements under Title VII. (Describing these regs and the purposes they serve in fulfilling the goals of Title VII would be a good essay question.)
Disparate treatment can be proven two ways, with direct evidence of discrimination or with ___ (circumstantial) evidence of discrimination. Examples of direct evidence of disparate treatment include an admission “I did not hire Joe because he is Black,” or a “whites only” job advertisement. Examples of ___ evidence of discrimination include when only persons of a particular race, color, or other protected characteristic are hired for a particular job category, to the exclusion of others, or when a person with lesser qualifications (education, experience, etc.) is hired instead of someone of a different race, color, or other protected characteristic who has superior qualifications.
Even if an employer contesting a disparate impact claim makes a showing that the employment practice in question is ___ for the position in question, and is consistent with business necessity, if the plaintiff can demonstrate that an alternative employment practiceone without a disparate impactis available, and the employer refuses to adopt it, the employer is still in violation of the act.
“Jim Crow” state and local laws varied from state to state and town to town, but included, among other things: African Americans forbidden to enter public parks, pools, amusement parks; ___ waiting rooms in bus and train stations, water fountains, restrooms, building entrances, elevators, cemeteries, phone booths, hospitals, asylums, jails and residential homes for the elderly and handicapped; Laws forbidding African Americans from living in white neighborhoods; criminalization of marriage and cohabitation between white and Black people; ___ schools; separate textbooks for Black and white students; signs posted at town and city limits warning African Americans that they were not welcome.
Gender-___ discrimination is gender discrimination in violation of Title VII. This type of discrimination involves an employer who places additional requirements on employees of a certain gender but not on employees of the opposite gender. violates Title VII. (Identifying or describing a situation involving this type of discrimination would be a good essay question.)
The Supreme Court decided in ___ v. Goodyear Tire & Rubber Co. (2007) that A plaintiff may not bring a salary discrimination suit under Title VII of the Civil Rights Act of 1964 when the disparate pay is received during the 180-day statutory limitations period, if that disparate pay is the result of discriminatory pay decisions that occurred outside the limitations period (regardless of when the employee discovers the pay disparity.)
The Civil Rights law finally passed and signed into law 1964 strives to prohibit discrimination in voting, housing, public accommodation, education, and ___.
Down
Courts look to the common law factors used to determine whether a person is an ___ of a particular employer (rather than an owner or an independent contractor) for the purposes of establishing Title VII coverage.
Title ___ states that it shall be an unlawful employment practice “to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against an individual with respect to compensation, terms, conditions, or privileges of employment, because of such individual’s race, color, religion, sex or national origin.”
Another role of the EEOC is to ___ charges of discrimination against employers who are covered by the law.
The EEOC works “to ___discrimination before it occurs through outreach, education, and technical assistance programs.”
Some of the 1963 events of “the Civil Rights Era” that paved the way to passage of the Civil Rights Act of 1964 include the springtime ___ Campaign, including Dr. MLK's arrest, Letter from the ___ Jail and the Children's Crusade, President Kennedy's national radio and television address in June, and the March on Washington in August. (Describing these events, the actions and experiences of those involved, and how they helped to pave the way to passage of the Civil Rights Act of 1964 would be a good essay question.)
Title VII covers both disparate treatment sex discrimination and disparate ___ sex discrimination. A common type of disparate ___ sex discrimination includes height and weight requirements for certain jobs, where a strength test would be a more job-related, and nondiscriminatory alternative. (A hypothetical involving identification of a disparate ___ sex discrimination claim and description of how one goes about proving such a claim in court would be a good essay question.)
Some of the events of the early days of “the Civil Rights ___” that paved the way to passage of the Civil Rights Act of 1964 include the Supreme Court's decision in Brown v. Board of Education (1954), the media coverage of the experience of the Little Rock Nine (1957), the media coverage of the experience of Ruby Bridges (1960), and the Montgomery Bus Boycott (1955-1956). (Describing these events, the actions and experiences of those involved, and how they helped to pave the way to passage of the Civil Rights Act of 1964 would be a good essay question.)
The EEOC's stated vision is "Fair and ___ workplaces with equal opportunity for all." This vision is to be accomplished by working to fulfill the EEOC's Mission, to "Prevent and remedy unlawful employment discrimination and advance equal opportunity for all."
___ taken because of one's protected characteristics (race, color, etc.) that fall into prohibited conduct under Title VII include hiring, firing, pay decisions, promotions, demotions, and treating people differently in the terms, conditions, and privileges of employment, which can include among other things: transfers, types of work assigned, training opportunities, etc. etc.
The government agency responsible for administering Title VII is the Equal Employment ___ Commission (EEOC).
Under Title VII of the Civil Rights Act of 1964, the EEOC has the right to obtain ___ in an investigation if that ___ relates to employment practices made unlawful under Title VII and “is relevant to the charge under investigation.” The relevance limitation imposed by § 2000e–8(a) “is not especially constraining.” The question is not whether the ___ sought would tend to prove a charge of unlawful discrimination. At the investigative stage, the EEOC is trying to determine only whether “reasonable cause” exists “to believe that the charge is true.” So the relevance standard in this context sweeps more broadly than it would at trial. It encompasses “virtually any material that might cast light on the allegations against the employer.”
Suppression of Black voting via methods such as poll taxes and literacy tests in the South enabled white-dominated state legislatures and local governments to consolidated control and allowed passage of discriminatory "___Crow" laws.
One of the early events that paved the way to passage of the Civil Rights Act of 1964 was passage of the ___ Act of 1871—also known as the Ku Klux Klan Act.
In Watson v. Fort Worth Bank & Trust (1988) the Supreme Court held that a claim of disparate impact discrimination may be brought against an employer using a subjective employment practice, such as an interview rating. The plaintiff alleging a disparate impact hiring or promotion claim must 1) identify the specific employment practice being challenged, and 2) offer ___ evidence sufficient to show that the challenged practice has a disparate impact on applicants for hiring or promotion because of their membership in a protected group.
In UAW v. Johnson Controls Inc. (1991) the Supreme Court held that Johnson Controls’ policy of barring all of its female employees - except those with medically documented ___ - from working in jobs that involve exposure to lead in access of recommended OSHA levels is unlawful sex discrimination in violation of Title VII of the 1964 Civil Rights Act.(Act).
"Disparate ___ discrimination" is the term that refers to a situation where an employee is treated disparately (differently) from others because of a protected characteristic (race, color, religion, gender, or national origin).
Another role of the EEOC is to issue ___ to aid covered entities in understanding their obligations under the law.
In response to the Supreme Court's decision in Ledbetter v. Goodyear Tire & Rubber Co. (2007), Congress passed the Lilly Ledbetter Fair Pay Act of 2009, which amended Title VII (and the Age Discrimination in Employment Act, the Americans with Disabilities Act, and the Rehabilitation Act) to provide that the time limit for filing suit alleging discrimination in pay begins either: when the discriminatory pay practice or policy is adopted; when the employee becomes subject to the discriminatory pay policy or practice; or when the employee is affected by the application of the discriminatory pay practice or policy. The act makes clear that each payment of wages, benefits, or other compensation (i.e., each time the employee receives the discriminatory pay) paid under the discriminatory pay practice or policy is a ___ violation. Employees filing pay discrimination suits under Title VII can recover back pay for up to two years prior to the date they filed a complaint with the EEOC. (Describing the background facts of this case, the Supreme Court decision, and Congress's response would be a good essay question.)
“Disparate ___” discrimination is where a facially neutral employment policy or practice has a discriminatory effect on an employment decision. The facially neutral employment policy could be employment criteria or a selection device.
Section 1 of the Civil Rights Act of 1871, commonly referred to as § 1983 because it is codified at 42 U.S.C. § 1983 – creates a right to ___ state and local government officials who violate one’s federal constitutional rights. The intent of the law was to protect Black Americans from white supremacist violence in the post-Civil War South. This law is often used to enforce the rights of persons subjected to unconstitutional arrests or excessive force by law enforcement.
The ___ Pay Act prohibits discrimination by an employer “between employees on the basis of sex by paying wages to employees . . . at a rate less than the rate at which [they pay] wages to employees of the opposite sex . . . for ___ work on jobs the performance of which requires ___ skill, effort, and responsibility, and which are performed under similar working conditions.”
Courts recognize that Title VII’s general prohibition against discrimination because of a protected basis (race, color, ___, national origin, religion) with respect to terms, conditions, or privileges of employment prohibits harassment because of that protected basis. Harassment becomes unlawful where 1) enduring the offensive conduct becomes a condition of continued employment, or 2) the conduct is severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive. (Identifying what type of conduct constitutes illegal harassment under Title VII and what a plaintiff alleging illegal harassment has to prove to establish employer liability for such a claim in response to a hypothetical would be a good essay question.)
A plaintiff makes out a prima facie case of disparate treatment discrimination ___ showing: Direct evidence of discrimination, or by using the indirect method, by showing "(1) they are a member of a protected class, (2) they suffered an adverse employment action (not hired, demoted, fired, etc.), and (3) similarly situated individuals who were not members of their protected class were treated more favorably."