WGU D432 COMBINED SET STUDY GUIDE
Civil Rights Act of 1964 - Answers - The Civil Rights Act of 1964 is a landmark piece of
civil rights legislation that prohibits discrimination on the basis of race, color, religion,
gender or national origin with regard to a wide range of matters.
The CRA of 1964 passed the House of Representatives by a vote of 290-130. It passed
the Senate in June 1964 by a vote of 73-27 and was then signed into law by President
Lyndon Johnson on July 2, 1964.
First page of the Civil Rights Act of 1964
First page of the Civil Rights Act of 1964
Below are the various sections of the Act:
Title I: Prohibits unequal application of voter registration requirements.
Title II: Prohibits discrimination in hotels, motels, restaurants, theaters, and all other
public accommodations engaged in or effecting interstate commerce.
Title III: Prohibits discrimination by state and local governments with regard to access to
public facilities.
Title IV: Desegregation of public schools.
Title V: Expanded the Civil Rights Commission that was created by the Civil Rights Act
of 1957 with additional powers, rules and procedures.
Title VI: Prevents discrimination by government agencies that receive federal funds.
Title VII: Prohibits discrimination by covered employers on the basis of race, color,
religion, sex or national origin. (More on this in the rest of this module).
Title VIII: Required the compilation of voter-registration and voting data in geographic
areas (i.e., the south) specified by the Commission on Civil Rights.
Title IX: Made it easier to move civil rights cases from state courts to federal court.
Title VII - Answers - Title VII applies to all companies that employ 15 or more
employees.
Title VII: (a) It shall be an unlawful employment practice for an employer—
to fail or refuse to hire or to discharge any individual, or otherwise to discriminate
against any individual with respect to his compensation, terms, conditions, or privileges
of employment, because of such individual's race, color, religion, sex, or national origin;
or
to limit, segregate, or classify his employees or applicants for employment in any way
which would deprive or tend to deprive any individual of employment opportunities or
,otherwise adversely affect his status as an employee, because of such individual's race,
color, religion, sex, or national origin.
42 USC §2000e-2
Later Amendments to Title VII:
Equal Employment Opportunity Act of 1972: Expanded protection to government
employees, and the EEOC was given greater powers to enforce Title VII by permitting it
to commence lawsuits itself, rather than have to refer cases to the DOJ.
Pregnancy Discrimination Act of 1978: Added discrimination on the basis of pregnancy
as a type of gender discrimination.
Civil Rights Act of 1991: Permits jury trials for plaintiffs seeking compensatory (including
emotional distress) and punitive damages, allows plaintiffs to recover attorney fees,
limits the ability of white employees to bring "reverse discrimination" suits and codified
the disparate impact theory invented by the US Supreme Court in Griggs v. Duke Power
Co., (US, 1971).
EEOC issued a regulation in 2012 that added transgender as a type of gender
discrimination, although no US Court of Appeals has agreed with this.
Example Case:
With regard to limiting the ability of white employees to bring "reverse discrimination"
suits, in 1974, the Jefferson County, Alabama Personnel Board signed a consent
decree that
Title VII: What is Prohibited? - Answers - Title VII prohibits discrimination by an
employer with regard to:
Hiring & Firing
Promotion
Training
Discipline
Compensation and Benefits
Classification
Other terms or conditions of employment
Note: ANY adverse decision by an employer can be challenged by an employee or
applicant if the decision was based, in any part, on the employee's protected category.
Title VII: Who Must Comply? - Answers - Title VII applies to:
All private employers with 15 or more employees (for each work day in each of the 20
preceding weeks)
Unions
Joint labor and management committees making admission, referral, training, and other
decisions
Employment agencies
Federal, state, and local governments
,Title V11: Who is Covered? - Answers - Title VII covers all public sector (government)
and private sector (non-government) employees (not independent contractors) and
applicants who are members of a protected class, all levels of employees (i.e.,
supervisors, managers, executives, etc.), as well as US citizens employed by US
employers located outside the US. This includes US Permanent resident "employees"
employed in the US.
Does Title VII apply to illegal aliens?
US Supreme Court said no, but EEOC says yes.
US Supreme Court denied back pay to an illegal alien in Hoffman Plastic Compounds,
Inc. v. NLRB (US, 2002).
In response, EEOC says it will no longer ask what the employee's status is when it
handles their discrimination claim.
Who is NOT Covered?
Employees of private employers with fewer than 15 employees.
Non-U.S. citizens employed outside the United States.
Religious institutions with regard to their religious activities ("ministerial exception").
(i.e., a Jewish rabbi could not sue for not being hired to be a priest in a Catholic church)
Employers located near Native American reservations may give preference to hiring
Native Americans.
Members of the Communist party.
Have you completed this item? If so Mark as Complete
Case: Petruska v. Gannon University (3d Cir., 2006) - Answers - Facts, Procedural
History & Issue:
The plaintiff (female) was a "chaplain" (an administrative position with a theology
degree) employed by the defendant, a private Catholic university.
The plaintiff opposed certain university policies and also alleged gender-based pay
inequality for female employees.
The plaintiff resigned and claimed constructive discharge and gender-based
discrimination in violation of Title VII.
Held: Ministerial exception; Title VII does not apply to the defendant because it would
violate 1st Amendment.
Case Dismissed
U.S. citizens employed outside the United States by foreign employers are protected
against workplace discrimination by Title VII of the Civil Rights Act of 1964.
true or false - Answers - FALSE
Which of the following is true of Title VII of the Civil Rights Act of 1964? - Answers - The
correct answer is B. It does not cover non-U.S. citizens working outside the United
States. .
, The Equal Employment Opportunity Commission (EEOC) is the federal agency
responsible for enforcing federal employment discrimination statutes. - Answers -
Exhaustion of administrative remedies: An individual who believes she has been the
victim of employment discrimination in violation of Title VII must first exhaust the
administrative remedies with the EEOC before the individual can file a lawsuit against
her employer.
EEOC receives 90,000 - 100,000 claims ("charges") annually.
2015:
EEOC received approximately 90,000 charges
EEOC extracted over $525 million from employers (up from $372 million in 2013)
Filing A Claim with EEOC - Answers - tatute of Limitations to file the claim:
Everyone other than federal government workers has 180 days from the discriminatory
event to file a claim.
The 180 day filing deadline is extended to 300 days if a state has a state or local
agency that enforces a state or local law that prohibits employment discrimination on
the same basis as the federal statute. EEOC refers to these agencies as Fair
Employment Practices Agencies (FEPAs). EEOC and some FEPAs have work sharing
agreements in place to prevent the duplication of effort in charge processing. According
to these agreements, if you file a charge with either EEOC or a FEPA, the charge also
will be automatically filed with the other agency. This process, which is defined as dual
filing, helps to protect charging party rights under both federal and state or local law.
Federal government workers have 45 days from the discriminatory event to file a claim.
Lilly Ledbetter Fair Pay Act of 2009
With regard to pay discrimination claims, the Statute of Limitations starts over with each
discriminatory pay check received.
EEOC Complaint Process - Answers - The following are the steps in the EEOC
Complaint Process:
Employee files charge with a local EEOC office.
EEOC notifies employer of charge w/in 10 days.
It is imperative that the employer not retaliate against the employee after receiving
notification that a charge has been filed. Retaliation is a separate violation of Title VII
and the employer can be held liable for retaliation regardless of whether the employer is
held liable for the underlying discrimination charge.
EEOC determines if mediation is appropriate.
If so, EEOC offers mediation to the parties. Decision to participate is voluntary (The
EEOC offers mediation to 60-70% of its incoming charges every year, 15% of which are
actually mediated). Each party has 10 days to accept offer. If both parties accept,
mediation must occur within 45 days (if using third party mediators) or 60 days (if using
EEOC mediators). If the parties reach agreement, the decision becomes binding.
If the parties do not accept mediation, or if the parties cannot reach agreement, EEOC
investigates the complaint (average time for investigation: 182 days). The EEOC
Civil Rights Act of 1964 - Answers - The Civil Rights Act of 1964 is a landmark piece of
civil rights legislation that prohibits discrimination on the basis of race, color, religion,
gender or national origin with regard to a wide range of matters.
The CRA of 1964 passed the House of Representatives by a vote of 290-130. It passed
the Senate in June 1964 by a vote of 73-27 and was then signed into law by President
Lyndon Johnson on July 2, 1964.
First page of the Civil Rights Act of 1964
First page of the Civil Rights Act of 1964
Below are the various sections of the Act:
Title I: Prohibits unequal application of voter registration requirements.
Title II: Prohibits discrimination in hotels, motels, restaurants, theaters, and all other
public accommodations engaged in or effecting interstate commerce.
Title III: Prohibits discrimination by state and local governments with regard to access to
public facilities.
Title IV: Desegregation of public schools.
Title V: Expanded the Civil Rights Commission that was created by the Civil Rights Act
of 1957 with additional powers, rules and procedures.
Title VI: Prevents discrimination by government agencies that receive federal funds.
Title VII: Prohibits discrimination by covered employers on the basis of race, color,
religion, sex or national origin. (More on this in the rest of this module).
Title VIII: Required the compilation of voter-registration and voting data in geographic
areas (i.e., the south) specified by the Commission on Civil Rights.
Title IX: Made it easier to move civil rights cases from state courts to federal court.
Title VII - Answers - Title VII applies to all companies that employ 15 or more
employees.
Title VII: (a) It shall be an unlawful employment practice for an employer—
to fail or refuse to hire or to discharge any individual, or otherwise to discriminate
against any individual with respect to his compensation, terms, conditions, or privileges
of employment, because of such individual's race, color, religion, sex, or national origin;
or
to limit, segregate, or classify his employees or applicants for employment in any way
which would deprive or tend to deprive any individual of employment opportunities or
,otherwise adversely affect his status as an employee, because of such individual's race,
color, religion, sex, or national origin.
42 USC §2000e-2
Later Amendments to Title VII:
Equal Employment Opportunity Act of 1972: Expanded protection to government
employees, and the EEOC was given greater powers to enforce Title VII by permitting it
to commence lawsuits itself, rather than have to refer cases to the DOJ.
Pregnancy Discrimination Act of 1978: Added discrimination on the basis of pregnancy
as a type of gender discrimination.
Civil Rights Act of 1991: Permits jury trials for plaintiffs seeking compensatory (including
emotional distress) and punitive damages, allows plaintiffs to recover attorney fees,
limits the ability of white employees to bring "reverse discrimination" suits and codified
the disparate impact theory invented by the US Supreme Court in Griggs v. Duke Power
Co., (US, 1971).
EEOC issued a regulation in 2012 that added transgender as a type of gender
discrimination, although no US Court of Appeals has agreed with this.
Example Case:
With regard to limiting the ability of white employees to bring "reverse discrimination"
suits, in 1974, the Jefferson County, Alabama Personnel Board signed a consent
decree that
Title VII: What is Prohibited? - Answers - Title VII prohibits discrimination by an
employer with regard to:
Hiring & Firing
Promotion
Training
Discipline
Compensation and Benefits
Classification
Other terms or conditions of employment
Note: ANY adverse decision by an employer can be challenged by an employee or
applicant if the decision was based, in any part, on the employee's protected category.
Title VII: Who Must Comply? - Answers - Title VII applies to:
All private employers with 15 or more employees (for each work day in each of the 20
preceding weeks)
Unions
Joint labor and management committees making admission, referral, training, and other
decisions
Employment agencies
Federal, state, and local governments
,Title V11: Who is Covered? - Answers - Title VII covers all public sector (government)
and private sector (non-government) employees (not independent contractors) and
applicants who are members of a protected class, all levels of employees (i.e.,
supervisors, managers, executives, etc.), as well as US citizens employed by US
employers located outside the US. This includes US Permanent resident "employees"
employed in the US.
Does Title VII apply to illegal aliens?
US Supreme Court said no, but EEOC says yes.
US Supreme Court denied back pay to an illegal alien in Hoffman Plastic Compounds,
Inc. v. NLRB (US, 2002).
In response, EEOC says it will no longer ask what the employee's status is when it
handles their discrimination claim.
Who is NOT Covered?
Employees of private employers with fewer than 15 employees.
Non-U.S. citizens employed outside the United States.
Religious institutions with regard to their religious activities ("ministerial exception").
(i.e., a Jewish rabbi could not sue for not being hired to be a priest in a Catholic church)
Employers located near Native American reservations may give preference to hiring
Native Americans.
Members of the Communist party.
Have you completed this item? If so Mark as Complete
Case: Petruska v. Gannon University (3d Cir., 2006) - Answers - Facts, Procedural
History & Issue:
The plaintiff (female) was a "chaplain" (an administrative position with a theology
degree) employed by the defendant, a private Catholic university.
The plaintiff opposed certain university policies and also alleged gender-based pay
inequality for female employees.
The plaintiff resigned and claimed constructive discharge and gender-based
discrimination in violation of Title VII.
Held: Ministerial exception; Title VII does not apply to the defendant because it would
violate 1st Amendment.
Case Dismissed
U.S. citizens employed outside the United States by foreign employers are protected
against workplace discrimination by Title VII of the Civil Rights Act of 1964.
true or false - Answers - FALSE
Which of the following is true of Title VII of the Civil Rights Act of 1964? - Answers - The
correct answer is B. It does not cover non-U.S. citizens working outside the United
States. .
, The Equal Employment Opportunity Commission (EEOC) is the federal agency
responsible for enforcing federal employment discrimination statutes. - Answers -
Exhaustion of administrative remedies: An individual who believes she has been the
victim of employment discrimination in violation of Title VII must first exhaust the
administrative remedies with the EEOC before the individual can file a lawsuit against
her employer.
EEOC receives 90,000 - 100,000 claims ("charges") annually.
2015:
EEOC received approximately 90,000 charges
EEOC extracted over $525 million from employers (up from $372 million in 2013)
Filing A Claim with EEOC - Answers - tatute of Limitations to file the claim:
Everyone other than federal government workers has 180 days from the discriminatory
event to file a claim.
The 180 day filing deadline is extended to 300 days if a state has a state or local
agency that enforces a state or local law that prohibits employment discrimination on
the same basis as the federal statute. EEOC refers to these agencies as Fair
Employment Practices Agencies (FEPAs). EEOC and some FEPAs have work sharing
agreements in place to prevent the duplication of effort in charge processing. According
to these agreements, if you file a charge with either EEOC or a FEPA, the charge also
will be automatically filed with the other agency. This process, which is defined as dual
filing, helps to protect charging party rights under both federal and state or local law.
Federal government workers have 45 days from the discriminatory event to file a claim.
Lilly Ledbetter Fair Pay Act of 2009
With regard to pay discrimination claims, the Statute of Limitations starts over with each
discriminatory pay check received.
EEOC Complaint Process - Answers - The following are the steps in the EEOC
Complaint Process:
Employee files charge with a local EEOC office.
EEOC notifies employer of charge w/in 10 days.
It is imperative that the employer not retaliate against the employee after receiving
notification that a charge has been filed. Retaliation is a separate violation of Title VII
and the employer can be held liable for retaliation regardless of whether the employer is
held liable for the underlying discrimination charge.
EEOC determines if mediation is appropriate.
If so, EEOC offers mediation to the parties. Decision to participate is voluntary (The
EEOC offers mediation to 60-70% of its incoming charges every year, 15% of which are
actually mediated). Each party has 10 days to accept offer. If both parties accept,
mediation must occur within 45 days (if using third party mediators) or 60 days (if using
EEOC mediators). If the parties reach agreement, the decision becomes binding.
If the parties do not accept mediation, or if the parties cannot reach agreement, EEOC
investigates the complaint (average time for investigation: 182 days). The EEOC
