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EEO & Discrimination Law Chs. 8-9

Across
A plaintiff makes out a required ___ case of disparate treatment discrimination under Title VII, meaning the plaintiff has produced evidence on every required element of the claim, by showing: 1) direct evidence of discrimination, or 2) using the indirect method, by showing (a) they are a member of a protected class, (b) they suffered an adverse employment action (not hired, demoted, fired, etc.), and (c) similarly situated individuals who were not members of their protected class were treated more favorably.
___–acquired evidence is evidence discovered by an employer ___having taken allegedly discriminator action against an employee that the employer attempts to use to justify the action already taken. ___-acquired evidence does not preclude the plaintiff's right to sue, but does go to the issue of what remedies are available, such as whether reinstatement or backpay is appropriate.
The ___ that are to be considered in determining what a reasonable accommodation of religion is and whether it results in undue hardship include: the size of the employer’s workforce and the number of employees requiring accommodation; the nature of the job or jobs that present a conflict; the cost of the accommodation; the administrative requirements of the accommodation; whether the employees affected are under a collective bargaining agreement; and what alternatives are available and have been considered by the employer.
___ under the ADEA include: Actions pursuant to a bona fide seniority or benefit plan; Actions based on a “reasonable factor other than age,” including but not limited to “good cause”; Actions based on a BFOQ (including but not limited to the executive exemption for certain employees at age 65); The foreign law exception.
Title VII's definition of "religion" includes "all aspects of religious observance and practice, as well as ___ . . . .” and the EEOC's Guidance clarifies that a ___ is “religious” for Title VII purposes if it is “religious” in the person’s “own scheme of things,” i.e., it is a “sincere and meaningful” ___ that “occupies a place in the life of its possessor parallel to that filled by . . . God.”
Title VII allows a qualifying ___ organization to assert as a defense to a Title VII claim of discrimination or retaliation that it made the challenged employment decision on the basis of religion.
When an employer or supervisor explicitly or implicitly coerces an employee to abandon, alter, or adopt a religious practice as a condition of receiving a ___ benefit or privilege or avoiding an adverse employment action, this is a Title VII violation.
National origin discrimination includes any discrimination based on the place of origin of an applicant or employee or their ancestor(s) and any discrimination based on the physical, cultural, or linguistic characteristics of an ___ group; or harassment of employees because of their national origin.
An employee or applicant for employment can bring their own lawsuit against an employer they allege has discriminated against them in violation of Title VII after the EEOC issues to them a ___ letter.
Title VII requires a charge of discrimination (complaint) be filed within 300 days of the alleged discriminatory act in those states with state/local Fair Employment Practice Agencies with whom the EEOC has a work-share ___. If there is no relevant state/local agency, the charge must be filed 180 days from the alleged discriminatory act to file with the EEOC. Under the EEOC/state or local FEPA work-share ___, the agency that first receives the charge typically processes it.
Under a burden-shifting analysis, if a plaintiff makes out a prima facie case of age discrimination in violation of the ADEA, the burden shifts to defendant to produce evidence of a legitimate, ___ reason for the adverse action. Then the burden shifts back to the plaintiff to show that the defendant's reason is pretext for discrimination.
Prohibited discrimination based on religion includes making decisions with regard to recruitment, hiring, promotion, discipline, discharge, compensation and other terms, conditions, or ___ of employment because of that person's religion.
Under Title VII, plaintiffs are entitled to a ___ trial. Under Title VII, class actions may be brought by the EEOC, or by an individual who can meet the requirements for doing so under Rule 23 of the Federal Rules of Civil Procedure .
The EEOC is headed by a five-member bipartisan Commission, the members of which are appointed by the ___, and confirmed by the Senate, for staggered 5 year terms.
The time limit for filing a discrimination claims begins to run when the discriminatory ___ occurs. That date is obvious in cases involving discrete acts like demotion, or termination. When it is a discriminatory pay decision, under the The Lilly Ledbetter Fair Pay ___, the violation occurs and time limit begins running: When the discriminatory pay policy is adopted; When the employee becomes subject to the policy; or, When the employee is affected by the policy.
Discrimination in terms or conditions of employment because of age is prohibited by the Age Discrimination in ___ Act of 1967 (ADEA).
The ADEA covers employers that have ___ or more employees, unions, employment agencies, and state and local governments.
The ADEA allows state and local governments to set mandatory ___ ages for firefighters and law enforcement officers. If the ___ age law was in effect as of 1983, the ___ age set by that law may be enforced. If the ___ age law was enacted after 1996, then the retirement age must be at least 55.
In Groff v. DeJoy (2023) the U.S. Supreme Court held in a unanimous decision that Title VII requires an employer that denies a religious accommodation to show that the burden of granting an accommodation would result in substantial increased ___ in relation to the conduct of its particular business.
The law that prohibits employment discrimination on the basis of ___ origin is Title VII of the Civil Rights Act of 1964.
In McDonnell Douglas Corp. v. Green (1973) the Supreme Court established the “indirect, ___-shifting approach” to proving disparate treatment. Under this approach, prima facie case for racial discrimination. The ___ then shifts to the company to show that there was a legitimate, nondiscriminatory reason for the hiring and/or firing practice. If the company meets that ___, the ___ shifts back to the plaintiff to show that the employer’s reason was pretextual, or untrue.
Down
Title VII requires that an employer ___ an employee’s or prospective employee’s religious observance or practice unless the employer can demonstrate that the employer is unable to reasonably ___ without undue hardship on the conduct of the employer’s business.
To make out a prima facie case of age discrimination in violation of the ADEA, a plaintiff must demonstrate that age was “___ determining factor” in the employer’s adverse action, using either direct evidence or circumstantial evidence.
In Smith v. City of Jackson, Mississippi (2005) the Supreme Court held that disparate impact can be a viable legal theory in an ___ claim.
The ___ exemption, constitutionally required by the First Amendment’s free exercise of religion, prevents government entanglement in religious organizations. Under this exemption, There is no Title VII liability under any protected basis in personnel decisions involving who will perform a spiritual function and how those functions would be organized.
___ under Title VII include hiring or reinstatement, back pay and seniority, injunctions, and “such affirmative action as may be appropriate.” (For example, front pay may be awarded where hiring or reinstatement is not appropriate.) ___ under Title VII also include legal fees, and pursuant to 1991 amendments, compensatory and punitive damages subject to statutory limits based on the employer's number of employees.
The ADEA's ___ Exemption states that the ADEA shall be construed to prohibit compulsory retirement of any employee who has attained 65 years of age and who, for the 2-year period immediately before retirement, is employed in a bona fide ___ or a high policymaking position, if such employee is entitled to an immediate nonforfeitable annual retirement benefit from a pension, profit-sharing, savings, or deferred compensation plan, or any combination of such plans, of the employer of such employee, which equals, in the aggregate, at least $44,000.
According to the EEOC, blanket ___ rules violate Title VII unless they are required by business necessity. However, not all courts agree.
Courts have found a ___ to be a valid defense in ADEA cases involving pilots and bus drivers.
The ADEA prohibits the refusal or failure to ___, the discharge, or any discrimination in compensation, terms, conditions, or privileges of employment because of an individual’s age (40 and older).
The law that prohibits employment discrimination on the basis of religion is ___ of the Civil Rights Act of 1964.
O’Connor v. Consolidated Coin Caterers Corp. (1996) the Supreme Court held that a plaintiff alleging they were terminated because of age does not have to show that their replacement was ___ 40 years of age.
Religious ___ is analyzed and proved in the same manner as ___ based on other traits protected by Title VII—race, color, sex, and national origin. However, the facts of religious ___ cases may present unique considerations, especially where the alleged ___ is based on another employee’s religious practices. Such a situation may require an employer to reconcile its dual obligations to take prompt remedial action in response to alleged ___ and to accommodate certain employee religious expression.
Unlike Title VII, the ADEA has specific language providing that actions based on a “reasonable factor ___ than” age do not violate the ADEA.
In 14 Penn Plaza v. Pyett (2009), the Supreme Court held that an "agreement to arbitrate ADEA claims" is not a waiver of a “right” under the Older Workers Benefit Protection Act (OWBPA) § 626(f)(1). 14 Penn Plaza thus interprets one of § 626(f)(1)'s references to "right[s] or claim[s]" to mean substantive rights to be free from age discrimination, not procedural "rights" to pursue age discrimination claims in court rather than in ___.
The EEOC does not adjudicate charges of Title VII violations against private employers/state and local government employers/unions or employment agencies. The EEOC investigates, tries to reach a settlement, and if a settlement is not reached, the EEOC may file a ___ in federal court.
The Older Workers Benefit ___ Act, OWBPA, amended the ADEA 1) to require that an employer demonstrate that any reduction in benefits for older workers is only to the extent required to achieve approximate cost equivalence in providing benefits to older and younger employees, 2) to allow for early retirement incentives that pay higher benefits until retirees are eligible for Social Security, as long as participation in the early retirement program is voluntary, and 3) to require very specific language (time, language, consideration, etc.) for a knowing and voluntary and therefore valid waiver of ADEA rights.
Remedies available under the ADEA include back-___, legal fees, injunctive relief, and liquidated damages, an amount equal to the back-___ owed, may be awarded when the court finds the employer acted "willfully." Trans World Airlines v. Thurston (1985) defined "willfully" as when “the employer either knew or showed reckless disregard for the matter of whether its conduct was prohibited by the ADEA.”
Any of the application discussions we have talked about in class would make good ___ questions.
The ADEA was intended to protect older workers, who are more likely to be subjected to age discrimination in employment. It prohibits age discrimination against persons age ___ and older.
___ is included under the Title VII definition of religion, therefore discrimination in employment because someone does not believe in a god is prohibited. One's personal political or social ideologies, however, are not included under the Title VII definition of religion.
The Equal Opportunity Employment Commission (EEOC) is the federal agency responsible for administering and ___ Title VII.
To make out a prima facie case of disparate ___ discrimination under Title VII, the plaintiff must produce evidence that the facially neutral employment requirements have a disproportionate ___ on a Title VII protected class. The Supreme Court has held that statistical evidence must be offered to prove that “the practice in question has caused the exclusion of applicants for jobs or promotions because of their membership in a protected group.” Wards Cove Packing Co. v. Atonio (1989).
In Mount Lemmon Fire Dist. v. Guido (2018) the Supreme Court held that a ___ entity employer, such as a fire department, is covered by the ADEA regardless of number of employees.