Title VII Discrimination - correct answer ✔✔Protects against discrimination on the basis of
membership in a protected class:
-RACE
-COLOR
-NATIONAL ORIGIN
-SEX
-RELIGION
Title VII does not apply to every employee - correct answer ✔✔-15 employee requirement
-Does not apply to independent contractors
-Some employers are exempt (religious institutions)
Is title vii agnostic? - correct answer ✔✔title vii is completely agnostic. it protects everyone
Employment at will doctrine applies to cases of illegal discrimination - correct answer ✔✔FALSE
-it does not apply
Title Vii has roots in the fourteenth amendment - correct answer ✔✔1. broad definition of
citizenship
2. guaranteed citizens the equal protection clause
3. applied the bill of rights to the states
13th amendement - correct answer ✔✔prohibits slavery
15th amendement - correct answer ✔✔protects the right to vote
, The civil rights act of 1866 - correct answer ✔✔attempted to protect social freedom
2 different theories an employee can base a discrimination claim - correct answer ✔✔1.
Disparate treatment
2. Disparate impact
Disparate Treatment - correct answer ✔✔-involves a policy or action that is discriminatory on its
face.
-Involves individuals rather than a group
Disparate treatment: employee prima facie case elements - correct answer ✔✔1. plaintiff
belongs to a protected class
2. plaintiff applied for and was qualified for the job
3. plaintiff was rejected for position
4. plaintiff was treated differently
Disparate treatment: employer rebut - correct answer ✔✔Employer can then rebut the prima
case by showing a legitimate, non-discriminatory reason (LNDR)
Bona Fide occupational qualification (BFOQ) - correct answer ✔✔a defense the defendant can
use to rebut the prima case but is a limited defense
- an employer must show that this defense goes to the essence of its business
BFOQ: Limitations - correct answer ✔✔*is only available for cases involving gender, religion,
and national origin.*
BFOQ is legalized discrimination - correct answer ✔✔TRUE