Flashcards in Chapter 19 - Employment Discrimination Deck (50):
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.

Flashcards in Chapter 19 - Employment Discrimination Deck (50):
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)
-Factor other than sex. Includes:
-performance in an interview
-value to the company.
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.
-It applies to every stage of the employment process from job ads to post-employment references
-It includes placement, wages, benefits, and working conditions.
What are the two ways plaintiffs in Title VII cases can prove discrimination?
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.
Step 2 - The defendant must present evidence that its decision was based on legitimate, nondiscriminatory reasons.
Step 3 - To win, the plaintiff must now prove that the employer discriminated. She may do so by showing that the reasons offered were simply a pretext.
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.
Step 2 - The defendant must offer some evidence that the employment practice was a job-related business necessity.
Step 3 - To win, the plaintiff must now prove either that the employers reason is a pretext or that other, less discriminatory rules would achieve the same result.
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?
Bona Fide Occupational Qualification
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.
2. Voluntary Action - Employers can voluntarily introduce an affirmative action plan to remedy the effects of past practices or to achieve an equitable representation of minorities and women.
3. Government Contracts - In 1965, LBJ signed Executive Order 11246, which prohibits discrimination by federal contractors. If an employer found that women or minorities were underrepresented in its workplace, it was required to establish goals and timetables to correct the deficiency.
In 1995, what did the Supreme Court rule regarding Affirmative Action?
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