BLaw exam 2.docx - Test Chapters 8,9(some,10,11,12,13,14,20,22,23,30 CHAPTER 30 EMPLOYMENT LAW Employment Discrimination Law \u25cf Civil Rights Act Title

BLaw exam 2.docx - Test Chapters...

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Test: Chapters; 8,9 (some),10,11,12,13,14,20,22,23,30 CHAPTER 30- EMPLOYMENT LAW Employment Discrimination Law Civil Rights Act- Title VII Prohibits employment discrimination of race, color, religion, sex, or national origin Not sexual orientation Religious organizations can discriminate based on religion Laws apply for private companies NOT government bodies EEOC-US Equal Opportunity Commission Federal agency that investigates discrimination complaints and enforces civil rights laws- class action common All discrimination based on race, children, national origin, religion, sex, age, disability, gender identity, genetic information Have to file complaint with EEOC first and have them investigate, cannot go directly to court Can’t file suit after EEOC and TX Workforce have concluded investigation Intentional Discrimination Prima facie cases - P has sufficient evidence that employer discriminated against them P establishes prima facie case of discrimination, employer must show nondiscriminatory reason for their actions, to prevail P must prove employer’s defense is pretext to hide discrimination P must prove that the employment practice had an adverse impact on the protected group Elements P is member of protected class P applied for job they were qualified for P was rejected, employer hired someone out of protected class OR P within protected class, performing job well, was fired and replaced with another employee lacking characteristic in question Disparate Treatment Being treated unequally because of a protected characteristic; a way to prove illegal employment discrimination Explicit exclusionary policy - P must prove there is an explicit exclusionary policy Substantial contributing factor - P must prove that the discrimination is a substantially contributing factor to their ability to perform their job Circumstantial evidence- P can show evidence of suspicious timing, ambiguous comments, evidence that other similarly-situated employees not in the protected class received better treatment Evidence that P was qualified for a job, but someone not in the protected class got the job Employer’s Rebuttal Evidence of nondiscriminatory reason- must prove business necessity
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1. Challenged employment practice was necessary to achieve an important business objective 2. The practice actually achieves this objective Employee’s Proof of Alternatives P loses unless they can prove the employer could have used other means Recent trends- not very common Quid pro quo Occurs in the workplace when a manager or authority figure hints that they will give employee a raise or promotion in return for a sexual demand Hostile environment Language Offensive gender related language that is sufficiently severe or pervasive from the perspective of a “reasonable” person Repeated advances Employee is subject to unwelcome advances, sexual innuendos Employer Liability
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