LEGL 2700 ROESSING STUDY GUIDE EOC QUESTIONS WITH
SOLUTIONS A+ 2025/2026
✔✔Business Necessity Defense - ✔✔An affirmative defense under Title VII of the Civil
Rights Act
Raised to disparate impact claims and asserts that a facially neutral but discriminatory
policy is job related
✔✔Retaliation - ✔✔Striking back against someone for what they did to you
Used in labor law, employment discrimination cases, and whistle-blowing as part of a
doctrine prohibiting an employer from firing or taking other adverse actions against
employees for reporting the employer to federal agencies for violating various laws
✔✔Sexual Harassment - ✔✔Under Title VII, for an employer or workplace supervisor to
promise benefits or threaten loss if an employee does not give sexual favors
✔✔Hostile Work Environment - ✔✔Under Title VII, an environment where co-workers
make offensive sexual comments or propositions, engage in suggestive touching, show
nude pictures, or draw sexual graffiti
✔✔Comparable Worth - ✔✔Jobs that, although different, produce substantially equal
value for the employer
✔✔Affirmative Action - ✔✔Positive steps taken in order to alleviate conditions resulting
from past discrimination or from violations of a law
✔✔Reverse Discrimination - ✔✔The advancement and recruitment of minority workers
ahead of similarly qualified nonminority workers
✔✔Seniority System - ✔✔A plan giving priority to employees based on the length of
time an employee has worked for an employer
An employer may apply different standards pursuant to a good-faith seniority system if
the differences are not the result for an intention to discriminate
✔✔Section 1981 - ✔✔Provision of the Civil Rights Act of 1866 that forbids racial
discrimination in the making of contracts
✔✔Disability - ✔✔Any physical or mental impairment that substantially limits a major life
activity
✔✔Qualified Disabled - ✔✔A disabled person who can perform the duties of a job
, ✔✔Reasonable Accommodation - ✔✔The actions that an employer must take under
Title VII of the Civil Rights Act and under the Americans with Disabilities Act to adapt
employment conditions to an employee's religious belief or disability
✔✔Genetic Information Nondiscrimination Act (GINA) - ✔✔Prohibits covered employers
from firing, refusing to hire, or otherwise discriminating against individuals on the basis
of their genetic information or a family member's genetic information
✔✔Thompson v. North American Stainless, LP (2011) - ✔✔Thompson worked for NAS
Supreme Court was asked to determine if firing Thompson constituted unlawful
retaliation and, if so, whether he had a cause of action under Title VII
Court held that as an employee of NAS, Thompson was within the zone of interests of
Title VII and, as such, the statute's anti-retaliation provisions protected him
As such, he has standing to bring a claim against NAS
✔✔Ricci v. DeStefano (2009) - ✔✔New Haven (city) administered a test to firefighters to
determine who qualified for promotion
Results showed that white and Hispanic candidates outperformed minority candidates
Some minority firefighters argued that the test should be disregarded as discriminatory
and that it had a disparate impact on minority firefighters
Firefighters who passed the test argued that the City's failure to certify the test resulted
in disparate-treatment discrimination
As a practical matter, City of New Haven believed that, based on the arguments from
both sides, it would be sued if it did or if it did not certify the test results
Supreme Court held that because the examinations were job related and consistent with
business necessity, and there was no strong evidence of a disparate-impact violation,
the City should have certified the test results
✔✔Plessy v. Ferguson (1896) - ✔✔Homer Plessy - OG Rosa Parks
SCOTUS says "separate but equal"
✔✔Brown v. Board of Education of Topeka (1954) - ✔✔"With all deliberate speed"
UGA integrates in 1961
✔✔Browder v. Gayle - ✔✔Bus boycott lifted
✔✔Heart of ATL Motel v. U.S. (1964) - ✔✔Motel refused to accept Black Americans
Federalism challenge
Lester Maddox/Pickrick Restaurant
Court finds (expanded) Commerce Clause allows enjoinment of motel (impact on
interstate commerce)
✔✔Equal Employment Opportunity Commission - ✔✔Federal agency with seven
commissioners
Local offices in each state
SOLUTIONS A+ 2025/2026
✔✔Business Necessity Defense - ✔✔An affirmative defense under Title VII of the Civil
Rights Act
Raised to disparate impact claims and asserts that a facially neutral but discriminatory
policy is job related
✔✔Retaliation - ✔✔Striking back against someone for what they did to you
Used in labor law, employment discrimination cases, and whistle-blowing as part of a
doctrine prohibiting an employer from firing or taking other adverse actions against
employees for reporting the employer to federal agencies for violating various laws
✔✔Sexual Harassment - ✔✔Under Title VII, for an employer or workplace supervisor to
promise benefits or threaten loss if an employee does not give sexual favors
✔✔Hostile Work Environment - ✔✔Under Title VII, an environment where co-workers
make offensive sexual comments or propositions, engage in suggestive touching, show
nude pictures, or draw sexual graffiti
✔✔Comparable Worth - ✔✔Jobs that, although different, produce substantially equal
value for the employer
✔✔Affirmative Action - ✔✔Positive steps taken in order to alleviate conditions resulting
from past discrimination or from violations of a law
✔✔Reverse Discrimination - ✔✔The advancement and recruitment of minority workers
ahead of similarly qualified nonminority workers
✔✔Seniority System - ✔✔A plan giving priority to employees based on the length of
time an employee has worked for an employer
An employer may apply different standards pursuant to a good-faith seniority system if
the differences are not the result for an intention to discriminate
✔✔Section 1981 - ✔✔Provision of the Civil Rights Act of 1866 that forbids racial
discrimination in the making of contracts
✔✔Disability - ✔✔Any physical or mental impairment that substantially limits a major life
activity
✔✔Qualified Disabled - ✔✔A disabled person who can perform the duties of a job
, ✔✔Reasonable Accommodation - ✔✔The actions that an employer must take under
Title VII of the Civil Rights Act and under the Americans with Disabilities Act to adapt
employment conditions to an employee's religious belief or disability
✔✔Genetic Information Nondiscrimination Act (GINA) - ✔✔Prohibits covered employers
from firing, refusing to hire, or otherwise discriminating against individuals on the basis
of their genetic information or a family member's genetic information
✔✔Thompson v. North American Stainless, LP (2011) - ✔✔Thompson worked for NAS
Supreme Court was asked to determine if firing Thompson constituted unlawful
retaliation and, if so, whether he had a cause of action under Title VII
Court held that as an employee of NAS, Thompson was within the zone of interests of
Title VII and, as such, the statute's anti-retaliation provisions protected him
As such, he has standing to bring a claim against NAS
✔✔Ricci v. DeStefano (2009) - ✔✔New Haven (city) administered a test to firefighters to
determine who qualified for promotion
Results showed that white and Hispanic candidates outperformed minority candidates
Some minority firefighters argued that the test should be disregarded as discriminatory
and that it had a disparate impact on minority firefighters
Firefighters who passed the test argued that the City's failure to certify the test resulted
in disparate-treatment discrimination
As a practical matter, City of New Haven believed that, based on the arguments from
both sides, it would be sued if it did or if it did not certify the test results
Supreme Court held that because the examinations were job related and consistent with
business necessity, and there was no strong evidence of a disparate-impact violation,
the City should have certified the test results
✔✔Plessy v. Ferguson (1896) - ✔✔Homer Plessy - OG Rosa Parks
SCOTUS says "separate but equal"
✔✔Brown v. Board of Education of Topeka (1954) - ✔✔"With all deliberate speed"
UGA integrates in 1961
✔✔Browder v. Gayle - ✔✔Bus boycott lifted
✔✔Heart of ATL Motel v. U.S. (1964) - ✔✔Motel refused to accept Black Americans
Federalism challenge
Lester Maddox/Pickrick Restaurant
Court finds (expanded) Commerce Clause allows enjoinment of motel (impact on
interstate commerce)
✔✔Equal Employment Opportunity Commission - ✔✔Federal agency with seven
commissioners
Local offices in each state
