questions with complete solutions
Title VII - correct answer ✔✔Prohibit employment discrimination against employees, applicants,
union members based on: race, color, religion, gender, origin
Disparate Treatment (Intentional Discrimination) - correct answer ✔✔Employer intentionally
discriminate against employees in protected class
Plaintiff Burden Disparate Treatment - correct answer ✔✔Ability suffered, employer continue to
search or chose outside of class
Prima Facie Case - correct answer ✔✔Plaintiff prove enough evidence vs. employer; must
prove:
1. Member of protected class
2. Applied and qualified for job
3. Rejected by employer
4. Employer continue seek applicants for position or fill with members NOT in protected class
Disparate Impact (Unintentional Discrimination) - correct answer ✔✔Employer requirements
have effect of discrimination vs. protecting class
Plaintiff Burden Disparate Impact - correct answer ✔✔Ability & statistical evidence of effect;
must prove:
1. Result of educational or other job requirements or hire procedures
2. Percentage of NON protected class in workforce
3. Doesn't reflect percent of group in pool of qualified applicants
, Dual Burden Discriminatory Religion - correct answer ✔✔Non-discriminatory and reasonable
accommodation; must grant accommodations on substantial costs
Reasonable Non-Hire Discriminatory Religion - correct answer ✔✔Impose "undue hardship" on
employer
Supreme Court Religion - correct answer ✔✔Sincerely held belief changes world view
Quid Pro Quo - correct answer ✔✔"This for that", sex favor demanded return from job benefit;
hostile and abusive environment alter conditions of employment
Defenses to Harassment - correct answer ✔✔1. Employer take reasonable care to prevent and
promptly correct only sexually harassing behavior
2. Plaintiff unreasonably fail to take advantage of opportunities provided by employer to avoid
harm
Bona Fide Occupational Qualifications - correct answer ✔✔Religious, sex, origin, reasonable
necessary for normal operation of business
Legit, Non-Discriminatory Motive - correct answer ✔✔Plaintiff denied job benefit for reason not
prohibited under Title VII (ie. workplace height requirement)
Employment Discrimination Remedies Available - correct answer ✔✔Certain amount recovered
attorney won't take small case
Defenses to Equal Pay Act - correct answer ✔✔Seniority & Merit or Productivity