Legislative Branch - Answers - House of representatives
- Senate
Executive Branch - Answers - President
- Regulatory Agencies
Judicial Branch - Answers - US District Courts
- US Courts of Appeals
- Supreme Court
Equal Employment Opportunity (EEO) - Answers - Ensures that all individuals have an equal chance for
employment, regardless of race, color, religion, sex, age, disability, or national origin.
- Enforces through constitutional amendments, legislation, executive orders, and court decisions.
13th Amendment (EEO) - Answers Abolished slavery
14th Amendment (EEO) - Answers - Provides equal protection for all citizens and requires due process in
state action.
- Only applicable to state actions.
Reconstruction Civil Rights Acts (1866 and 1871) - Answers Grants all citizens the right to make, perform,
modify, and terminate contracts and enjoy all benefits, terms, and conditions of the contractual
relationship
Equal Pay Act of 1963 - Answers Requires that men and women be paid the same amount for doing the
same job
Title VII of the Civil Rights Act of 1964 - Answers Forbids discrimination on the basis of sex, race, color,
religion, or national origin in all areas of the employment relationship
Age Discrimination in Employment Act of 1967 - Answers Prohibits discrimination in employment against
individuals 40 years of age and older.
Rehabilitation Act of 1973 - Answers Requires affirmative action in the employment of individuals with
disabilities
Vietnam Era Veteran's Readjustment Assistance Act of 1974 - Answers Requires federal contractors and
subcontractors to take affirmative action toward employing Vietnam veterans
,Pregnancy Discrimination Act - Answers Prohibits discrimination on basis of pregnancy, childbirth, or
related medical conditions.
Civil Rights Act of 1991 - Answers Prohibits Discrimination (same as Title VII)
Americans with Disabilities Act (ADA) of 1990 - Answers Prohibits discrimination against individuals with
disabilities
Maximum Punitive Damages allowed under the Civil Rights Act of 1991 - Answers 14-100 Emp. $50,000
101-200 Emp. $100,000
201-500 Emp. $200,000
500+ Emp. $300,000
Executive Order 11246 - Answers Prohibits government contractors and subcontractors from
discrimination based on race, color, religion, sex, and national origin.
Executive Order 11478 - Answers Requires the federal government to base all its employment policies
on merit and fitness, and specifies that race, color, sex, religion, and national origin should not be
considered.
Enforcement of EEO - Answers Equal Employment Opportunity Commission (EEOC)
- Investigation and resolution (Lilly Ledbetter Fair Pay Act)
- Information gathering
- Issuance of guidelines (uniform guidelines on employee selection procedures)
Office of Federal Contract Compliance Programs (OFCCP) - Answers Agency responsible for enforcing
executive orders that cover companies doing business with federal government.
Must have written affirmative action plan consisting of:
- Utilization analysis.
- Goals and timetables.
- Action steps.
Types of discrimination theories - Answers Disparate Treatment
Disparate Impact
Reasonable Accommodation
Disparate Treatment - Answers When individuals are treated differently because of race, sex, or the like.
, The plaintiff's burden:
- Prima facie.
The defendant's rebuttal:
- Bona fide occupational qualification (BFOQ).
The plaintiff's rebuttal.
Mixed motive cases
Disparate Impact - Answers Occurs when a neutral employment practice disproportionately excludes a
protected group from employment opportunities.
The plaintiff's burden:
- Four-fifths rule.
- Standard deviation rule.
- Wards Cove Packing Co. v. Atonio
Disparate Impact Rebuttals - Answers Defendant's rebuttal:
- Must show that the employment practice is a "business necessity".
Plaintiff's rebuttal:
- Argue that other employment practices could sufficiently meet the employer's goal without adverse
impact.
- Griggs v. Duke Power.
Pattern and Practice - Answers Plaintiffs attempt to show three things in class action pattern and
practice lawsuits:
1. Statistical disparities between composition of some group within the company compared to some
other relevant group.
2. Individual acts of intentional discrimination that suggest statistical disparity is a function of the larger
culture.
3. Promotion and/or pay procedures leave too much discretion to managers, leading to unconscious
biases.
Religion and accommodation - Answers Reasonable accommodation