Employment Law Exam 2 || All Answers Are Correct 100%.
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Course
Employment Law
Institution
Employment Law
Title VII Discrimination correct answers Protects against discrimination on the basis of membership in a protected class:
-RACE
-COLOR
-NATIONAL ORIGIN
-SEX
-RELIGION
Title VII does not apply to every employee correct answers -15 employee requirement
-Does not apply to independent contra...
Employment Law Exam 2 || All Answers Are Correct 100%.
Title VII Discrimination correct answers Protects against discrimination on the basis of
membership in a protected class:
-RACE
-COLOR
-NATIONAL ORIGIN
-SEX
-RELIGION
Title VII does not apply to every employee correct answers -15 employee requirement
-Does not apply to independent contractors
-Some employers are exempt (religious institutions)
Is title vii agnostic? correct answers title vii is completely agnostic. it protects everyone
Employment at will doctrine applies to cases of illegal discrimination correct answers FALSE
-it does not apply
Title Vii has roots in the fourteenth amendment correct answers 1. broad definition of citizenship
2. guaranteed citizens the equal protection clause
3. applied the bill of rights to the states
13th amendement correct answers prohibits slavery
15th amendement correct answers protects the right to vote
The civil rights act of 1866 correct answers attempted to protect social freedom
2 different theories an employee can base a discrimination claim correct answers 1. Disparate
treatment
2. Disparate impact
Disparate Treatment correct answers -involves a policy or action that is discriminatory on its
face.
-Involves individuals rather than a group
Disparate treatment: employee prima facie case elements correct answers 1. plaintiff belongs to a
protected class
2. plaintiff applied for and was qualified for the job
3. plaintiff was rejected for position
4. plaintiff was treated differently
Disparate treatment: employer rebut correct answers Employer can then rebut the prima case by
showing a legitimate, non-discriminatory reason (LNDR)
, Bona Fide occupational qualification (BFOQ) correct answers a defense the defendant can use to
rebut the prima case but is a limited defense
- an employer must show that this defense goes to the essence of its business
BFOQ: Limitations correct answers *is only available for cases involving gender, religion, and
national origin.*
BFOQ is legalized discrimination correct answers TRUE
Wilson vs. SouthWest Airlines correct answers -SW business plan aimed to have pretty women
serve business men on flights.
-Wilson (Man), is denied flight attendant job
-SW argues BFOQ
-Courts say that a flight attendants job is not only applicable to women
Disparate Impact correct answers -action/policy is neutral on its face but discriminatory in use
-relates to groups of employees not individuals
-regulates screening devices (selecting applicants)
Griggs v. Duke Power Co correct answers -Duke plant had a policy that blacks were allowed to
work only in its Labor department.
- Griggs claims that the test of high school diploma and intelligence test were not related to job
performance.
Disparate Impact: Prima Facia Case correct answers -Plaintiff must prove his case using statistics
Disparate Impact: 80% rule correct answers If protected employees do not fare at least 80% as
well as the majority than there is discrimination
Disparate Impact: employer defense correct answers -Attack statistics
-rebut that screening device is a business necessity
-plantiff then can establish a less discriminatory alternative
Recruitment correct answers is regulated by both statutes and the common law
Information gathering correct answers information is gathered that is designed to screen out
applicants
Interview stage correct answers questions should be business related and used for a non
discriminatory purpose
per se illegal questions correct answers are prohibited to ask
(union activity, genetic information, disabilities)
Disability questions correct answers employer is not allowed to ask a disability question until
after an offer has been offered.
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