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Flashcards in Equal Opportunity Deck (13)
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1
Q

14th Amendment

A

Guaranteed equal protection under the law

2
Q

Civil Rights Act of 1964

A

Law protected race, ethnicity, religion, sex, and national origin

3
Q

Title VII of Civil Rights Act of 1964

A

Bans discrimination in employment decisions
Created EEOC to enforce the law
EEOC wrote Uniform Guidelines on Employee Selection

4
Q

Title VII Exceptions

A

Test is job related
Decision based on bona fide seniority system
Bona Fide Occupatoinal Qualification (BFOQ)

5
Q

Acceptable BFOQs

A

Privacy

Authenticity

6
Q

Unacceptable BFOQs

A

Customer Preference
Cost
Race/Color

7
Q

Disparate Treatment

A

Treatment different based on protected class status - intentional

8
Q

Disparate (Adverse) Impact

A

Treatment different based on BFOQs - unintentional

9
Q

Three Methods for Establshing Prima Facie Case - Disparate Impact

A

Workforce Utilization Analysis
Restricted Policy
4/5 Rule

10
Q

Civil Rights Act of 1991

A

Broadened Title VII Coverage
Covers US citizens working abroad
Extended coverage to Senate employees

11
Q

Civil Rights Act of 1991 - Changes to Adverse Impact Cases

A

Plaintiff no longer needs to ID one particular policy that produced adverse impact
Defendant must show job-relatedness
Burden of proof on organization to prove job-relatedness

12
Q

Civil Rights Act of 1991 - Changes to Disparate Treatment Cases

A

If an invalid procedure did not change the decision, the organization is still liable - no longer complete defense
Added compensatory and punitive damages as possible awards
Provided right to jury trial if requested by either party

13
Q

Civil Rights Act of 1991 - Implications in Court

A

Number of EEOC cases more than doubled

Plaintiffs awarded more monetary rewards