Legal 2700 Final Exam – Questions With Step By
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Terms in this set (127)
Title VII of the Civil Rights prohibits certain discrimination based on race, sex,
Act of 1964 color, religion, and national origin
the Civil Rights Act of 1866 (42 U.S.C. Section 1981), the
Other antidiscrimination Age Discrimination in Employment Act, the Americans
laws covered are with Disabilities Act, and the Genetic Information
Nondiscrimination Act
equality among all our an ideal rather than a fact
citizens clearly has been
Historically, common law Under this system, white males came to dominate the
permitted employers to job market in their ability to gain employment and their
hire and fire virtually at will, salaries and wages. At-will employment still applies
unless restrained by today unless modified by legislation or contract.
contract or statute.
The most important statute the federal Civil Rights Act of 1964, as amended by the
eliminating discriminatory Equal Employment Opportunity Act of 1972, the
employment practices, Pregnancy Discrimination Act of 1978, and the Civil
however, is Rights Act of 1991.
The provisions of Title VII of employers with 15 or more employees, labor unions,
the Civil Rights Act of 1964 and certain other employers
apply to
a qualification that permits discriminatory practices in
bona fide occupational employment if a person's religion, sex, or national origin
qualifications (BFOQs) is reasonably related to the normal operation of a
particular business
Title VII also does not it results unintentionally from a seniority or merit system.
sanction discrimination if
,The types of employer Discharge. Refusal to hire. Compensation. Promotion.
action in which Terms, conditions, or privileges of employment.
discrimination is prohibited
include:
either failing to refer or from actually referring an
individual for employment on the basis of race, color,
religion, sex, or national origin. This prohibition differs
from the law binding employers, where it is unlawful
only to fail or refuse to hire on discriminatory grounds—
the affirmative act of hiring for a discriminatory reason is
apparently not illegal. For example, assume that a
Employment agencies are contractor with a government contract seeks a qualified
prohibited from African American engineer and requests an
employment agency to refer one. The agency complies
with the request. Unless a white applicant was
discriminated against, the employer likely did not break
the law; but the employment agency, by referring on
the basis of color, unquestionably did violate Title VII.
Presumably, however, all non-African American job
applicants would have a discrimination claim.
According to the Seventh denial of overtime can constitute an adverse
Circuit Court of Appeals employment action sufficient to trigger Title VII.
discriminating against an employee, applicant, or union
member because he or she has made a charge,
Employers, unions, and
testified, or participated in an investigation or hearing
employment agencies are
under the act or otherwise opposed any practice made
also prohibited from
unlawful by Title VII. These are the statute's
antiretaliation provisions.
Note that regarding The omission of race and color from this exception
general hiring, referrals, means that Congress was unwilling to make either of
advertising, and admissions these two factors a bona fide occupational qualification.
to training or
apprenticeship programs,
Title VII allows
discrimination only on the
basis of religion, sex, or
national origin and only
where these considerations
are bona fide occupational
qualifications.
, it is legal for a Baptist church to refuse to engage a
Lutheran minister. EEOC guidelines on sex
discrimination consider sex to be a bona fide
For example,
occupational qualification, for example, where it is
necessary for authenticity or genuineness in hiring an
actor or actress.
-created by the Civil Rights Act of 1964 initiates
investigations in response to complaints concerning
Equal Employment discrimination
Opportunity Commission -composed of five members, not more than three of
(EEOC) whom may be members of the same political party
-appointed by the Pres.
-five year term
the EEOC can file a civil suit in federal district court and
Under the Equal
represent a person or class of persons charging a
Employment Opportunity
violation of the act. However, it must first exhaust efforts
Act of 1972,
to settle the claim.
In 1991 Congress amended $300,000 per person depending on the size of the
the Civil Rights Act to allow employer. These damages are in addition to other
the recovery of remedies such as job reinstatement and back pay or
compensatory and punitive front pay.
damages of up to
include damages for the pain and suffering of
Compensatory Damages
discrimination.
are appropriate whenever discrimination occurs with
Punitive damages "malice or with reckless or callous indifference to the
federally protected rights of others."
In enacting Title VII of the Congress made it clear that it did not intend to preempt
Civil Rights Act of 1964, states' fair employment laws.
Where state agencies the EEOC must wait 60 days before it starts action
begin discrimination
proceedings,
if a state law provides relief the EEOC must notify the appropriate state officials and
to a discrimination charge, wait 60 days before continuing action.
An employee must file 180 days after notice of the unlawful practice
charges of illegal
discrimination with the
EEOC within
Step Solutions
Save
Terms in this set (127)
Title VII of the Civil Rights prohibits certain discrimination based on race, sex,
Act of 1964 color, religion, and national origin
the Civil Rights Act of 1866 (42 U.S.C. Section 1981), the
Other antidiscrimination Age Discrimination in Employment Act, the Americans
laws covered are with Disabilities Act, and the Genetic Information
Nondiscrimination Act
equality among all our an ideal rather than a fact
citizens clearly has been
Historically, common law Under this system, white males came to dominate the
permitted employers to job market in their ability to gain employment and their
hire and fire virtually at will, salaries and wages. At-will employment still applies
unless restrained by today unless modified by legislation or contract.
contract or statute.
The most important statute the federal Civil Rights Act of 1964, as amended by the
eliminating discriminatory Equal Employment Opportunity Act of 1972, the
employment practices, Pregnancy Discrimination Act of 1978, and the Civil
however, is Rights Act of 1991.
The provisions of Title VII of employers with 15 or more employees, labor unions,
the Civil Rights Act of 1964 and certain other employers
apply to
a qualification that permits discriminatory practices in
bona fide occupational employment if a person's religion, sex, or national origin
qualifications (BFOQs) is reasonably related to the normal operation of a
particular business
Title VII also does not it results unintentionally from a seniority or merit system.
sanction discrimination if
,The types of employer Discharge. Refusal to hire. Compensation. Promotion.
action in which Terms, conditions, or privileges of employment.
discrimination is prohibited
include:
either failing to refer or from actually referring an
individual for employment on the basis of race, color,
religion, sex, or national origin. This prohibition differs
from the law binding employers, where it is unlawful
only to fail or refuse to hire on discriminatory grounds—
the affirmative act of hiring for a discriminatory reason is
apparently not illegal. For example, assume that a
Employment agencies are contractor with a government contract seeks a qualified
prohibited from African American engineer and requests an
employment agency to refer one. The agency complies
with the request. Unless a white applicant was
discriminated against, the employer likely did not break
the law; but the employment agency, by referring on
the basis of color, unquestionably did violate Title VII.
Presumably, however, all non-African American job
applicants would have a discrimination claim.
According to the Seventh denial of overtime can constitute an adverse
Circuit Court of Appeals employment action sufficient to trigger Title VII.
discriminating against an employee, applicant, or union
member because he or she has made a charge,
Employers, unions, and
testified, or participated in an investigation or hearing
employment agencies are
under the act or otherwise opposed any practice made
also prohibited from
unlawful by Title VII. These are the statute's
antiretaliation provisions.
Note that regarding The omission of race and color from this exception
general hiring, referrals, means that Congress was unwilling to make either of
advertising, and admissions these two factors a bona fide occupational qualification.
to training or
apprenticeship programs,
Title VII allows
discrimination only on the
basis of religion, sex, or
national origin and only
where these considerations
are bona fide occupational
qualifications.
, it is legal for a Baptist church to refuse to engage a
Lutheran minister. EEOC guidelines on sex
discrimination consider sex to be a bona fide
For example,
occupational qualification, for example, where it is
necessary for authenticity or genuineness in hiring an
actor or actress.
-created by the Civil Rights Act of 1964 initiates
investigations in response to complaints concerning
Equal Employment discrimination
Opportunity Commission -composed of five members, not more than three of
(EEOC) whom may be members of the same political party
-appointed by the Pres.
-five year term
the EEOC can file a civil suit in federal district court and
Under the Equal
represent a person or class of persons charging a
Employment Opportunity
violation of the act. However, it must first exhaust efforts
Act of 1972,
to settle the claim.
In 1991 Congress amended $300,000 per person depending on the size of the
the Civil Rights Act to allow employer. These damages are in addition to other
the recovery of remedies such as job reinstatement and back pay or
compensatory and punitive front pay.
damages of up to
include damages for the pain and suffering of
Compensatory Damages
discrimination.
are appropriate whenever discrimination occurs with
Punitive damages "malice or with reckless or callous indifference to the
federally protected rights of others."
In enacting Title VII of the Congress made it clear that it did not intend to preempt
Civil Rights Act of 1964, states' fair employment laws.
Where state agencies the EEOC must wait 60 days before it starts action
begin discrimination
proceedings,
if a state law provides relief the EEOC must notify the appropriate state officials and
to a discrimination charge, wait 60 days before continuing action.
An employee must file 180 days after notice of the unlawful practice
charges of illegal
discrimination with the
EEOC within
