LSB 4423 Exam 2.docx

What does Title VII say? - correct answer It shall be an unlawful employment practice for an employer to fail or refuse to hire or to discharge any individual or otherwise to discriminate against any individual ... because of such individual's race, color, religion, sex or national origin What classes does Title VII protect? - correct answer Race, color, national origin, sex and religion Title VII's protections include: - correct answer Hiring, firing, promotion, any employment practice, training Title VII applies to employers that: - correct answer have more than 15 employees Independent contractors and religious organizations are exempt from: - correct answer Title VII 13th Amendment - correct answer Prohibited Slavery 14th Amendment - correct answer Guaranteed equal protection of the laws 15th Amendment - correct answer Protect political freedom Civil Rights Act of 1866 - correct answer Attempted to protect social freedom Disparate treatment - correct answer involves a policy or action that is discriminatory on its face. Used for cases of discrimination against an individual rather than a group Disparate treatment - correct answer employee must prove a prima facie case - if proved, creates a presumption of illegal discrimination. Involves INTENTIONAL conduct. Four elements to prima facie case in disparate treatment - correct answer (not hard to establish) 1. Plaintiff belongs to a protected class (diff from other person 2. Plaintiff applied for and was qualified for the job 3. Plaintiff was rejected for the position (job, promotion, raise) 4. An employee outside of the protected class was selected for the position, or the employer continued to look for candidates The employer rebuts the prima facie case for disparate treatment by: - correct answer showing a legitimate, non-discriminatory reason (LNDR) After employer rebuttal for a disparate treatment case, the plaintiff can: - correct answer prove the LNDR is actually a pretext to hide unlawful discrimination (says again - "I'm a man" and proves other men not fired for that situation) Disparate treatment defenses - correct answer BFOQ and LNDR BFOQ - correct answer Bona Fide Occupational Qualification and is only available for disparate treatment cases involving GENDER, RELIGION and NATIONAL ORIGIN For BFOQ, employer must show: - correct answer that this preference goes to the essence of its business After employer proves BFOQ: - correct answer Burden shifts back to plaintiff to establish pre-text Disparate impact exists where: - correct answer an employer has a policy that is neutral on its face, but has a negative impact upon a protected category Disparate impact relates to: - correct answer groups of employees and not individuals (all men/all minorities) Several methods for establishing a prima facie case of disparate impact - - correct answer 1. The plaintiff must prove his prima facie case (generally using statistics) 2. By showing that the protected employees do not fare at last 80% as well as the majority under the policy. 80% rule (4/5 rule) - correct answer Disparate impact. 1000 men applied, 500 women applied 100 women past, 300 men passed 100/500 = 20% 100/300 = 30% .2/.3 = 66% Disparate impact seems to exist bc number is below 80% Business necessity with disparate impact is ______ than BFOQ - correct answer More broad After the prima facie case is established, the burden shifts to: - correct answer The defendant employer. #1 defense to rebut the prima facie case - correct answer Attacking the plaintiff's statistics #2 defense to rebut the prima facie case - correct answer The employer can establish that the screening device is a business necessity for the conduct of the business. The more you can tie the screening device to heath and safety - the better. The plaintiff can rebut the rebuttal from defendant by: - correct answer proving that there is a less discriminatory alternative (LDA)