BLAW Exam 4 Study Guide UPDATED ACTUAL QUESTIONS AND CORRECT
ANSWERS
Know the protected classes of Title VII race, color, religion, sex, or national origin
Know what employers are required to do to avoid provide reasonable accomidations
discrimination based on religion.
McDonald v. Santa Fe Trail Transportation it was improper racial discrimination to fire a white employee for the exact same
conduct that got a black employee only reprimanded
An employer letting males work overtime but not letting sex discrimination
females work overtime is
Firing a pregnant bartender because consumers don't true
want to see that is illegal
Bostock v. Clayton County Termination for being homosexual or transgender is sex discrimination
Harris v. Forklift Systems if a work environment becomes hostile or abusive due to sexual harassment, an
employer may be liable
Does Title VII restrict same sex harassment? Yes it does, same sex is same as oppisite
Know the examples of age discrimination -not giving a promotion because someone is old forcing retirement because of
age-requiring older workers to pass physical exams as a condition of
employment- having a age preference in advertisements for employees "young
dynamic person wanted"-promoting a younger worker rather than an older
worker bc older one may be retiring soon-cutting health benefits for workers over
age 65 bc they are eligible for medicare
Disparate treatment includes choosing the type of work assigned to employee's based on their race
McDonnell Douglas Corp. v. Green there is a 4 part test about it needed to sue
In a discrimination lawsuit, if the employer offers a job- Have to show defendant claim is a PRE TEXT or not real reason
relevant rationale for the decision, what must the plaintiff
do next to win?
Burlington Industries v. Ellerth It does not matter whether it was hostile work environment or quid pro quo
harassment; the firm is likely to be vicariously liable if it did not have an effective
anti-harassment policy
, Chaidez v. Ford Motor Co. the claim for disparate treatment and for disparate impact could proceed
When employment practices are shown to discriminate prove the practices are justified as a business necessity, are job related and
against some employees, it is up to the employer to therefore do not violate Title VII. hooters ex
Know the definition of disability A phobia or fear is NOT a disability its something that impacts a major life activity
Know the examples of reasonable accommodations -Making existing facilities accessible
-Job restructuring
-Part-time or modified work schedules
-Acquiring or modifying equipment
-Changing tests, training materials, or policies
-Providing qualified readers or interpreters
-Reassignment to a vacant position
If you become partially disabled but are still able to do you are not protected from being terminated if your partial disability makes you
some type of work, unable to do your current job.
If a potential employee volunteers disability information the employer can ask questions to determine reasonable accommodations
to the employer,
Know where regulatory agencies get their rulemaking they get them from congress under the commerce and necessary and proper
powers from clause
Taylor v. Huerta The agency action was a violation of the FAA modernization and reform act of
2012
ANSWERS
Know the protected classes of Title VII race, color, religion, sex, or national origin
Know what employers are required to do to avoid provide reasonable accomidations
discrimination based on religion.
McDonald v. Santa Fe Trail Transportation it was improper racial discrimination to fire a white employee for the exact same
conduct that got a black employee only reprimanded
An employer letting males work overtime but not letting sex discrimination
females work overtime is
Firing a pregnant bartender because consumers don't true
want to see that is illegal
Bostock v. Clayton County Termination for being homosexual or transgender is sex discrimination
Harris v. Forklift Systems if a work environment becomes hostile or abusive due to sexual harassment, an
employer may be liable
Does Title VII restrict same sex harassment? Yes it does, same sex is same as oppisite
Know the examples of age discrimination -not giving a promotion because someone is old forcing retirement because of
age-requiring older workers to pass physical exams as a condition of
employment- having a age preference in advertisements for employees "young
dynamic person wanted"-promoting a younger worker rather than an older
worker bc older one may be retiring soon-cutting health benefits for workers over
age 65 bc they are eligible for medicare
Disparate treatment includes choosing the type of work assigned to employee's based on their race
McDonnell Douglas Corp. v. Green there is a 4 part test about it needed to sue
In a discrimination lawsuit, if the employer offers a job- Have to show defendant claim is a PRE TEXT or not real reason
relevant rationale for the decision, what must the plaintiff
do next to win?
Burlington Industries v. Ellerth It does not matter whether it was hostile work environment or quid pro quo
harassment; the firm is likely to be vicariously liable if it did not have an effective
anti-harassment policy
, Chaidez v. Ford Motor Co. the claim for disparate treatment and for disparate impact could proceed
When employment practices are shown to discriminate prove the practices are justified as a business necessity, are job related and
against some employees, it is up to the employer to therefore do not violate Title VII. hooters ex
Know the definition of disability A phobia or fear is NOT a disability its something that impacts a major life activity
Know the examples of reasonable accommodations -Making existing facilities accessible
-Job restructuring
-Part-time or modified work schedules
-Acquiring or modifying equipment
-Changing tests, training materials, or policies
-Providing qualified readers or interpreters
-Reassignment to a vacant position
If you become partially disabled but are still able to do you are not protected from being terminated if your partial disability makes you
some type of work, unable to do your current job.
If a potential employee volunteers disability information the employer can ask questions to determine reasonable accommodations
to the employer,
Know where regulatory agencies get their rulemaking they get them from congress under the commerce and necessary and proper
powers from clause
Taylor v. Huerta The agency action was a violation of the FAA modernization and reform act of
2012
