Employment law Chapter 3 and 4 || Questions and 100% Verified Answers.
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Employment law Chapter 3 and 4
Institution
Employment Law Chapter 3 And 4
Glass ceiling correct answers A metaphor alluding to the invisible barriers that prevent minorities and women from being promoted to top corporate positions. Pay and promotions should be linked to performance but performance appraisals are subjective and thus leave a large door open for bias.
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Employment law Chapter 3 and 4 || Questions and 100%
Verified Answers.
Glass ceiling correct answers A metaphor alluding to the invisible barriers that prevent
minorities and women from being promoted to top corporate positions. Pay and promotions
should be linked to performance but performance appraisals are subjective and thus leave a large
door open for bias.
Protected class correct answers A group of persons protected by specific laws because of the
group's defining characteristics, including race, color, religion, national origin, gender, age, and
disability. It is objectionable as grounds for making employment decisions because they are
unchangeable characteristics and they relate to long-standing forms of hatred and prejudice.
Other characteristics are recognized under the laws of some state and cities, but not under federal
law.
Adverse Impact correct answers The disproportionate limitation or denial of employment
opportunity for some protected class group that results from the use of a "neutral" requirement or
practice that cannot be adequately justified. This causes discriminatory effects rather than
discriminatory intent.
Retaliation correct answers Defined as punishing employees for seeking to obtain their rights
under antidiscrimination laws or assisting others in doing so.
Facially discriminatory policies or practice correct answers In cases involving this, the employer
readily admits to using protected class a a basis for making employment decisions but insists that
there is a sound business reason for doing so. Example) Southwest Airlines had a policy of hiring
only women as flight attendants which is facially discriminatory. The only way that an employer
can prevail in such a case is by showing that the required protected class characteristic is a bona
fide occupational qualification (BFOQ)
Bona fide occupational qualification (BFOQ) correct answers Characteristics that are considered
essential to job requirements. In order to prove that the qualifications are necessary, the company
must show that they are critical to the success of the activities being carried out by that
individual.
Reverse discrimination correct answers Include type of cases where an employer had an
affirmative action plan and hires a woman or person of color. A white male believes that he
should have received the employment opportunity instead and sues. The employer does not deny
that race or sex played some part in the hiring, but contends that the decision was made in
accordance with a lawful affirmative action plan.
Pretext correct answers Usually associated with the type of case where an employee is denied an
employment opportunity and the employee believes that the decision was influenced by the
employer's consideration of a protected class characteristic, whereas the employer contends that
the decision was based on some lawful factor other than the woman's sex (that other candidates
, were more qualified). If the employee's allegations are true, the employer's stated reason is a
cover-up for the true discriminatory motive.
Mixed motives correct answers When employment decisions are made both for discriminatory
and lawful reasons. Example) A woman was denied promotion to partner at an accounting firm.
The statements of the partners who made the decisions clearly indicated that she was being
judged differently because she was a woman. Yet, there was no evidence that she had problems
relating to staff members and that this was another reason that she did not get promoted. In these
kind of cases, the employer is guilty of discrimination. But if the employer can prove that the
same decision would have been made absent the discriminatory motive, the employees awards
will be minimized.
Age and disability discrimination correct answers What kind of cases are not permitted in a
mixed motives analysis, and instead a plaintiff must show a "but for" cause (the same decision
would not have been made had the employer not considered the plaintiff's age)
Prima facia case correct answers This is a showing by the plaintiff that discrimination is a
plausible explanation for an adverse employment action. This allows a plaintiff to create an
inference that discrimination has occurred without having to provide compelling and difficult
evidence. It also accomplishes the elimination of some of the most common nondiscriminatory
reason for denial of an employment opportunity, thereby rendering discrimination a more
plausible explanation
Direct evidence correct answers This type of evidence is most likely to be found where the
written or spoken statement is clear, comes from someone involved in making the adverse
employment decision, refers specifically to the individual denied the employment opportunity,
and is expressed close in time to when the employment decision was made.
Circumstantial evidence correct answers This type of evidence hints at the possibility of
discrimination, but by itself it is not sufficient to compel that conclusion. It includes the likes of
statements made by company officials suggesting bias, information about prior mistreatment of
the plaintiff or other employees, the employer's track record in complying with
antidiscrimination laws, and possibility statistics showing a pattern of discriminatory effects.
Recruitment correct answers One or more ways employer communicates information about the
availability of an employment opportunity and persons interested in pursuing the opportunity
make their interest known to the employer. The methods to do this include want ads, professional
publications, internet job postings, help wanted signs, employment agencies, executive search
firms, etc.
Relevant Labor Market correct answers The employer's applicant pool. This pool should be
compared to the protected class composition of people who are qualified for the type of work in
question and reside within a reasonable recruitment area. If the applicant pool contains a much
smaller percentage of type of people than the percentage of type of people in the area workforce
who are qualified, then that would be evidence of discrimination in recruitment
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