Laura intends to file a title vii lawsuit against her employer. which of the following is true?
(Correct Answer Below) Show
Laura Intends To File A Title Vii Lawsuit Against Her Employer. Which Of The Following Is True?a. Laura is required to first submit her claim to the Equal Employment Opportunity Commission. b. Laura must first submit her claim to a state civil rights commission before she may proceed with her lawsuit. c. If the EEOC determines Laura has no case against her employer, she may not file a lawsuit. d. Laura may initiate a lawsuit or file with the EEOC as she so elects. Front A Enter another question to find a notecard: Search About the flashcard:This flashcard is meant to be used for studying, quizzing and
learning new information. Many scouting web questions are common questions that are typically seen in the classroom, for homework or on quizzes and tests. Flashcards vary depending on the topic, questions and age group. The cards are meant to be seen as a digital flashcard as they appear double sided, or rather hide the answer giving you the opportunity to think about the question at hand and answer it in your head or on a sheet before revealing the correct answer to yourself or studying
partner. Some questions will include multiple choice options to show you the options involved and other questions will just have the questions and corrects answers. Simply reveal the answer when you are ready to check your work. Absolutely no cheating is
acceptable. You May also Like:[wcp-carousel id="1853"] What did the Equal Pay Act of 1963 do? Made it so an employee may not be paid at a lesser rate than employees of the opposite sex for equal work. What does 'equal work' mean? Means tasks that require equal skill, effort, and responsibility under similar working conditions. What are the exceptions to an employer being liable for paying different wages for the same job? 4 (1 includes 5
subreasons) -Merit What did Title VII of the Civil Rights Act of 1964 prohibit discrimination based off? What does it
specifically prohibit? Made it illegal for employers to discriminate based off of race, color, religion, sex, or national origin. Specifically it prohibits 1) discrimination in the workplace, 2) Sexual harassment, and 3) discrimination because of pregnancy. What does discrimination mean under
Title VII of the Civil Rights Act of 1964? 3 What stage of employment does it apply to? What parts of a job are included in what is protected from discrimination.? 4 -Means firing, failing to promote, or otherwise reducing a person's employment opportunities. What are the two ways plaintiffs in Title VII cases can prove discrimination? Disparate Treatment What does a plaintiff have to prove
in a Title VII case under disparate treatment? They must show she was TREATED differently because of her sex, race, color, religion, or national origin. What are the required steps in a Title VII Disparate Treatment case needed to win? Step 1 - The plaintiff presents evidence that the defendant discriminated against her because of protected trait. The plaintiff is not required to prove discrimination; she needs only to create a presumption that discrimination occurred. What is a Prima Facie case? When the plaintiff presents evidence that the defendant has discriminated against her because of protected trait. What does a plaintiff have to prove in a Title VII case under disparate impact? They have to prove that an employer has a rule that, on its face, is not discriminatory, but in practice it excludes too many people in a protected group, regardless of intent. ! - The mere existence of a disparate impact does not mean that an
employment practice violates the law. What is the landmark case regarding disparate impact? Griggs v. Duke Power Co - New hires needed to have a high school diploma or good scores on a couple tests. What principle did the case Griggs v. Duke Power Co illustrate? What are the steps in a disparate impact case? Step 1 - The plaintiff must present a prima facie case. The plaintiff is not required to prove discrimination, he only needs to show a disparate impact- that the employment practice in question excludes a
disproportionate number of people in a protected group. What does Title VII do about retaliation? It not only prohibits discrimination, it also penalizes employers who retaliate against workers for complaining about discrimination. What do companies need to do regarding a person's religion? Employers must make reasonable accommodation for a worker's religious beliefs unless the request would cause undue hardship for the business. Under Title VII, what are the defendants three possible defenses against charges of discrimination? Merit What is the defense of merit in a Title VII discrimination case? If they show that the person favored was the most qualified. Test results, education, or productivity can all be used to demonstrate merit, provided they relate to the job in question. What is the defense of seniority in a Title VII discrimination case? A legitimate seniority system is legal even if it perpetuates past discrimination. What is the defense of bona fide occupational qualification in a Title VII discrimination case? An employer is permitted to establish discriminatory job requirements if they are essential to the position in question. The business must show that it cannot fulfill its primary function unless it discriminates in this way. Companies cannot say that they discriminate based on customer preference. A major exception being sexual privacy. What is Title VII's stance on affirmative action? It is not required nor prohibited. What are the three sources of affirmative action programs? 1. Litigation - Courts have the power under Title VII to order affirmative action to remedy the effects of past discrimination. In 1995, what did the Supreme Court rule regarding Affirmative Action? The programs are permissible only is 1) The government can show that the programs are needed to overcome specific past discrimination; 2) They have time limits, and 3) Nondiscriminatory alternatives are not available. What is sexual harassment? Involves unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature. A Latin phrase that means 'one thing in return for another'. When does quid pro quo harassment occur? It occurs if any aspect of a job is made contingent upon sexual activity. What are the two major categories of sexual harassment? Quid Pro Quo and Hostile Work Environment What is hostile work environment related sexual harassment? An employee has a valid claim of sexual harassment if sexual talk or innuendo are so pervasive that they interfere with their ability to work. Courts have found that offensive jokes, comments about clothes or body parts, and public displays on pornographic pictures create a hostile environment. What has the supreme court found about a company's liability in sexual harassment suits? -If the victimized employee has suffered a "tangible employment action" such as firing, demotion, or reassignment, the company is liable to her for sexual harassment by a supervisor. What happens before a plaintiff can bring suit under Title VII? -Must file a complaint with the federal Equal Employment Opportunity Commission.
(They must file within 180 days of wrongdoing) What are the remedies available to a successful plaintiff under Title VII? 6 What are employers doing to minimize the damages collected by an employee that wins a case? Hiring Require mandatory arbitration, not litigation, where often they don't make out as well as they would have in court What does the Pregnancy Discrimination Act of 1978 state? An employer may not fire or refuse to hire a woman because she is pregnant. It protects a woman's right to terminate a pregnancy. An employer cannot fire a woman for having an abortion. What have the courts held regarding parenthood under Title VII? Held that unequal treatment of a person, because of their being, or not being a parent, is a violation of Title VII (Mothers in particular) What does the Age Discrimination In Employment Act of 1967 do? Prohibits age discrimination against employees or job applicants who are at least 40 years old. An employer may not fire, refuse to hire, fail to promote, or otherwise reduce a person's employment opportunities because he is 40 or older. Employers may not require workers to retire at any age (with a few exceptions, such as police officers and top-level corporate executives)
What must a plaintiff do to win a case under the ADEA? Must show that age was not just one factor, it was the deciding factor. What is the ADEA policy about replace older workers with younger ones because they are cheaper to employ? What is a disabled person? Someone with a physical or mental impairment that substantially limits a major life activity, or someone who is regarded as having such an impairment. What does the Americans with Disabilities Act do? What can employers do and not do? 5 Prohibits employers from discriminating on the basis of disability. What does major life activity include under the definition of disabled person? Caring for oneself What does the definition of disabled person not include? Current use of drugs, sexual disorders, pyromania, exhibitionism, or compulsive gambling. What does the Genetic Information Nondiscrimination Act do? It states the employers (with 15 or more workers) may not require genetic testing or discriminate against workers because of their genetic makeup. Nor may health insurers use such information to decide coverage or premiums. So neither insurer nor employer may require you to provide family medical history. Valid defenses to charges of discrimination include all of the following, except: 1. Bona fide occupational qualification Maude was denied employment with Trucks R Us as a warehouse worker because she didn't meet the weight requirement of 160 pounds. Trucks argued the weight requirement was reasonable because warehouse workers often have to lift things weighing up to 100 pounds. If she sues Trucks, she will probably: 1. lose, as the weight requirement seems like a reasonable occupational requirement. Mark was refused employment at a Christian Bookstore because he was not a "born-again Christian." If Mark brings a Title VII action against the bookstore, its best defense would be: 1. they did not discriminate against a protected category. To prove a disparate impact case, the plaintiff must: 1. show that any reasoning presented by the defendant is just a pretext, not legitimate reasons for the treatment. Which of the following would probably not be required of employers to reasonably accommodate for religious beliefs? 1. flexible scheduling. The definition of a major life activity (used in determining if a person is disabled) includes: 1. compulsive gambling Which of the following is NOT an available remedy for infractions of Title VII? 1. retroactive seniority Laura intends to file a Title VII lawsuit against her employer. Which of the following is true? 1. Laura must first submit her claim to a state civil rights commission before she may proceed with her lawsuit. When determining if an accommodation for a disability is reasonable, courts consider: 1. if it imposes undue hardship on the company Title VII does NOT prohibit: 1. sexual harassment Which of the following is true regarding affirmative action?Which of the following is true of affirmative action programs? Employers are required to have quotas for hiring certain groups. Compared with the passive nature of Title VII, affirmative action means taking active steps to correct or reduce under-utilization of certain groups.
Which of the following is true of age discrimination in employment quizlet?Which of the following is true of age discrimination in employment? Acting on stereotypes about someone's ability based on his or her age is prohibited under the ADEA.
Which of the following employers are covered under the Civil Rights Act of 1964 quizlet?Title VII of the Civil Rights Act prohibits government employers, private employers and unions from discriminating against persons because of their religion. The Equal Pay Act requires equal pay for male and female employees working at the same establishment doing similar work.
|