[LGST 2000] - Midterm Exam Guide - Ultimate 23 pages long Study Guide!

104 views23 pages

For unlimited access to Study Guides, a Grade+ subscription is required.

DU
LGST 2000
MIDTERM EXAM
STUDY GUIDE
Unlock document

This preview shows pages 1-3 of the document.
Unlock all 23 pages and 3 million more documents.

Already have an account? Log in
Unlock document

This preview shows pages 1-3 of the document.
Unlock all 23 pages and 3 million more documents.

Already have an account? Log in
Employment
1-17, 18-36 (bolded)
Civil Rights Act 1964
O Title 7 Against discrimination by race, color, national origin religion and
gender
O Applies to
O Employers affecting interstate commerce with fifteen or more
employees
O Labor union things
O Employment agencies
O Enforced by EEOC (equal employment opportunity commission)
O EEOC claim before discrimination lawsuit
O Claim, investigation, lawsuit
O Unintentional Discrimination
O Disparate Impact protected group is affected w/o purpose
O Plaintiff must show a link between the employer’s practices
and the discriminatory effect:
O Pool of applicants: % protected class applying > actual
representation of that class in workforce
O Rate of hiring: compares selection rate for members of a
protected class against non protected class (80% Rule)
O Intentional Discrimination
O Disparate Treatment
O Prima Facie case
O Plaintiff must identify the protected class characteristic
relevant to the case
O Plaintiff applied
O Plaintiff qualified
O Plaintiff denied
O The employer continued to consider candidates or selected
someone with contrasting protected class characteristics
O Employer needs evidence of a legitimate and non-discriminatory
motive
O Plaintiff then gets to try to show pretext
O Employer’s reason has no basis in fact
O It has a basis in fact but was not actually the motivating factor
O It was a factor but not significant enough to motivate the
decision
Discrimination based on Race, Color and National Origin never okay
Religion
O Must accommodate religion, unless would cause undue hardship to employer
find more resources at oneclass.com
find more resources at oneclass.com
Unlock document

This preview shows pages 1-3 of the document.
Unlock all 23 pages and 3 million more documents.

Already have an account? Log in
O Only requirement on employee is that beliefs are sincerely held
Gender
O Compelling reason
O Job requires a certain gender (Santa)
Sexual Harassment
O Must HAVE and ENFORCE policies against SH
O Quid pro quo
O When sexual favors are demanded in exchange for job opportunities
(1 incident)
O Hostile Workplace
O Unwelcome sexual advances, requests for sexual favors and other
verbal/physical conduct or communication which is sexual in nature
(multiple incidents)
O Farager v. City of Boca Raton
O Employer could be in trouble for employees SH
O Must have policy passed out
O Procedure in case of SH
O Burlington Industries, Inc. v. Ellerth
O Trouble even if no job consequences
O Conclusion
O Employers may be liable even if they have no knowledge of their
employees’ actions;
O In some cases, the employee need not show adverse job
consequences;
O Employers may have an affirmative defense if:
O They have and use harassment policies and complaint
procedures
O The employee suing for harassment failed to follow these
established procedures
On-line Harassment
O What one employee looks at online offends another employee
O Spam offensive emails sent to other employees
Remedies Under Title 7
O Reinstatement
O Back Pay
O Retroactive Promotions
O Damages
O Compensatory intentional discrimination only
O Punitive Damages only in cases where employers acted with malice
or reckless indifference to an individual’s rights
O Range $50,000 - $300,000
find more resources at oneclass.com
find more resources at oneclass.com
Unlock document

This preview shows pages 1-3 of the document.
Unlock all 23 pages and 3 million more documents.

Already have an account? Log in

Get access

Grade+
$10 USD/m
Billed $120 USD annually
Homework Help
Class Notes
Textbook Notes
40 Verified Answers
Study Guides
1 Booster Class