BLAW 3310 Ch. 16 Key Terms, BLAW
3310: Test 3: miller uta
Civil Rights Act of 1964 - ANSGives current and potential workers certain rights and privileges.
Title 7 - ANSMakes it illegal for an employer of 15 or more workers:
a: to fail or refuse to hire of to discharge an individual, or otherwise to discriminate against any
individual with respect to his compensation, terms, conditions, or privilege of employment.
b: to limit, segregate, or classify his employees or applicants for employment in any way which
would deprive or tend to deprive any individual of employment opportunities or otherwise
adversely affect his status as an employee because of such individual's race, color, religion,
sex, or national origin.
Applies to employers, employment agencies, and labor unions in the private and public sector.
Forbids discrimination in all aspects of employment on the basis of race, color, religion, sex, or
national origin.
EEOC [Equal Employment Opportunity Commison] - ANS
race - ANSBlack or African American, white, American Indian or Alaska Native; Native Hawaiian
or other Pacific Islander, and Asian.
(affirmative action or reverse discrimination) - ANS-Taking constructive steps to remedy
discriminatory employment practices affecting racial minorities and women.
-Preferential treatment to members of protected classes, illegal.
color - ANSRefers to generally discrimination claims based on shade of skin. Illegal to
discriminate against someone based on the color of their skin.
religion & reasonable accommodation - ANS-Any sincere and meaningful belief a person
possesses.
- The requirement that employers take that are not very costly to make employment possible for
persons with disabilities.
Undue hardship, sex, and pregnancy discrimination - ANS- An accommodation to employees,
base on an effort to satisfy religious beliefs, that would either alter the nature of the enterprise of
affect its viability due to the cost imposed on the employer or other employees.
, - male and female
- An employer may not discriminate against women because of pregnancy, childbirth, or relation
conditions.
quid pro quo discrimination - ANS"This for that" where there is a promise of reward-such as
promotion or pay raise-for providing sexual favors, or there is a threat of punishment for not
going along with sexual requests.
hostile environment - ANSCreating or allowing to exist a climate at work that is abusive to a
person based on their protected class status.
sexual harassment - ANSAny unwelcome sexual advances, request for sexual favors, and other
verbal or physical conduct of sexual nature.
same sex harassment - ANSWhen a member of the same sex harasses another of the same
sex.
Harris case pg. 440 - ANSHarris felt like Hardy, her boss, was sexually harassing her. She
claimed that Hardy's conduct created a hostile work environment. The courts rule against her,
because they held the actions must be severe enough to create a hostile work environment to a
reasonable person.
180-day deadline to file EEOC charge - ANSYou have 180 days to file an alleged event or it
goes away. State law often extends this to 300 days though.
"No cause" or "Cause" finding - ANS
Right-To-Sue letter - ANSA document issued by a federal or state employment discrimination
agency, after an investigation of a complaint, stating that the plaintiff has raised issues that merit
review by a court.
90 days to file lawsuit in federal court - ANS
disparate treatment - ANSDifferential treatment of employees or applicants on the basis of race,
color, religion, sex, national origin, or age. i.e. when applicants of a particular race are required
to pass tests that is not required for other applicant.s
McDonnel Douglas presumption to meet burden of proof - ANS
Legitimate nondiscriminatory reason by employer - ANSSomeone is hired instead of you
because they are better qualified.
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