Title VII
the major section of the Civil Rights Act of 1964 that provides the primary basis for suits for employment discrimination based on race, sex, religion, color, or national origin.
Discrimination
illegal treatment of a person or group based on race, color, national origin, religion, sex, disability, or age
Protected classes
under Title VII of the Civil Rights Act of 1964, those groups the law seeks to protect, including groups based on race, sex, national origin, religion, and color.
Race
under federal employment discrimination law: black, white, American Indian or Alaska Native, Native Hawaiian or other pacific islander, Asian, and Hispanic or Latino
Reverse discrimination
when discrimination is employed against majority groups so as to favor certain minority groups, often in affirmative action programs.
Color
under federal employment discrimination law, the shade of one's skin
National origin
under federal employment discrimination law, the country a person or a person's ancestors are from.
Religion
under federal employment discrimination law, any sincere and meaningful belief a person possesses
Reasonable accommodation
in employment discrimination law, the requirement that employers take steps that are not very costly to make employment possible for persons with disabilities
Undue hardship
an accommodation to employees, based on an effort to satisfy religious beliefs, that would either alter the nature of the enterprise or affect its viability due to the costs imposed on the employer or other employees.
Sex
under federal employment discrimination law, male and female; under some state laws, sexual orientations may be recognized categories
Sexual harassment
discrimination in employment in violation of Title VII of the 1964 Civil Rights Act that may be evidenced by sexual advances, requests for sexual favors, and other conduct of a sexual nature
Quid pro quo
A Latin phrase that means "one thing in return for another" the giving of something valuable for something valuable, such as consideration in a contract
Hostile environment
in federal employment discrimination law, creating or allowing to exist a climate at work that is abusive to a person based on their protected class status.
Age
under federal employment discrimination law, all persons over age 40 are covered
Genetic information
a basis for employment discrimination based on exploitation of genetic information about a current or potential employee that affects employment decisions.
Right to sue letter
a document issued by a federal or state employment discrimination agency, after an investigation of a complaint, stating that the plaintiff has raised issues that merit review by a court.
Differential standard
in federal employment discrimination law, when an employer sets rules to make it more difficult for a person who is a member of a protected class to meet job requirements than for similarly situated employees.
Harassment
unwelcome conduct based on race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information in violation of employment discrimination law.
Constructive discharge
under federal employment discrimination law, when an employee quits employment due to pervasive abuse or discriminatory treatment in violation of Title VII
Disparate treatment
differential treatment of employees or applicants on the basis of their race, color, religion, sex, national origin, or age; for example, when applicants of a particular race are required to pass tests not required of other applicants.
Prima facie case
in federal employment discrimination law, the requirement that a plaintiff show they are a member of a protected class, met relevant job qualifications, suffered some adverse job action, and was treated differently with respect to the same issue by an emp
Pretext
under federal employment discrimination law, an attack made by a plaintiff against a defense offered by an employer to a charge of discrimination, holding that the rationale given is a false excuse to cover discriminatory treatment
Retaliation
when a worker suffers a adverse employment decision because the worker exercised a right under an employment discrimination statute
Disparate impact
in employment discrimination law, when an apparently neutral rule regarding hiring or treatment of employees works to discriminate against a protected class of employees.
Business necessity
justification for an otherwise prohibited discriminatory employment practice based on employer's proof that (1) the otherwise prohibited employment practice is essential for the safety and efficiency of the business, and (2) no reasonable alternative with
Bona fide seniority program
in employment, a system that recognizes length of service in deciding promotions, layoffs, and other job actions; protection of workers based on length of service is protected by Title VII.
Merit system
in employment discrimination law, the right of an employer to have a system to reward employees based on performance; often used as an affirmative defense in a Title VII discrimination cases.
Bona fide occupational qualification
employment in particular jobs may not be limited to persons of a particular sex or religion, unless the employer can show that sex or religion is an actual qualification for performing the job. Not permitted on the basis of race.
Back pay
compensation for past economic losses (lost wages and fringe benefits) caused by an employer's discriminatory employment practices, such as limiting promotion opportunities for older workers.
Front pay
compensation for future economic losses arising from employment discrimination that cannot be remedied by traditional relief, such as hiring, promotion, or reinstatement.
Affirmative action
taking constructive steps to remedy discriminatory employment practices affecting racial minorities and women
Executive order
under powers granted by the Constitution, or by congress in legislation, an order by the president to establish or enforce a legal requirement
Workforce analysis
a statistical breakdown of the composition of employees in an organization, by job category, by EEOC protected class status.
Underutilization analysis
a statistical review of workforce categories to look for evidence of underrepresentation of women and/or minorities; usually performed as part of affirmative action requirements.
Disability
under the Americans with Disabilities Act, a physical or mental condition that affects a major life activity that limits the ability of a person to perform a particular job function
How are agency relationships formed?
the principal gives the agent (1) authority to act, (2) contract formation between agent and third party, (3) contract between third party and principal
What is the principals purpose for developing agency relationships?
expand business opportunities and use the expertise of agents
Agency can be established by?
-agreement of the parties
-ratification of the agent's activities by the principal
-application of the doctrine of estoppel
-operation of law
Limits to ratification?
-principal can only when they know the key facts
-principal must ratify the agreement before the third party involved withdraws
-must be in writing if it was required by law
Two types of ratification?
express and implied
Express authority
based on oral or written instructions given by the principal to an agent
Implied authority
an agent's authority to do things not specifically authorized in order to carry out express authority
What are the principals duties to the agent?
1. cooperate
2. compensate
3. reimburse
4. indemnify
What are the agent's duties to the principal?
1. loyalty
2. obedience and performance
3. reasonable care
4. accounting
5. notification
When is agency agreement in writing?
when it is to last longer than one year or is for the sale of land
Termination of agency?
voluntary, party can leave, consent can come to an end, parties could die, parties can set specific date for the termination of the agency
Employer-Employee Relationship
the servant is an employee whose conduct is controlled by the employer; a servant can also be an agent
Employer-Independent Contractor Relationship
an independent contractor is not an employee, and the employer does not control the details of the
Principal-agent relationship
agent acts on behalf of or for the principal, with a degree of personal discretion
Employment-at-will
a common law doctrine under which either party may terminate an employment relationship at any time for any reason, unless a contract specifies otherwise.
Vicarious liability
a principal or employer can be liable for the authorized or unauthorized intentional or negligent torts of agents and employees who were acting within the scope of employment
Determining whether an act is within the scope of employment
-the act was of the same general nature as those authorized by the principal
-the agent was authorized to be where he was at the time the act occurred
-the agent was serving the principal's interests at the time of the act
Respondeat superior
Let the master answer" an employer is vicariously liable for the behavior of an employee working within his or her scope of employment
Negligent hiring
the failure of an organization to discover, via due diligence, that an employee it hired had the propensity to do harm to others
Equal Pay Act of 1963
states it is illegal to pay men and women employees different wages when their jobs require equal skill, effort, responsibility, and the same working conditions
Title VII makes it illegal for an employer of 15 or more workers
-to fail or refuse or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment
-to limit, segregate, or classify his employees or applicants for emplo
Age Discrimination in Employment Act (ADEA)
prohibits discrimination against workers who are over the age of 40 (for employers who have 20 or more employees)
Executive Order 11246
requires affirmative action in hiring women and minorities
The Rehabilitation Act of 1973
Requires affirmative action in the employment of individuals with disabilities
The Americans with Disabilities Act (ADA) of 1990
Protects individuals with disabilities from being discriminated against in the workplace.
Prohibits discrimination based on disability in all employment practices.
Employers must take steps to accommodate individuals covered by the act.
Pregnancy Discrimination Act
specifically outlaws discrimination on the basis of pregnancy
Harris v. Forklift Systems
Court reinforced its decision that is sexual harassment is so pervasive as to create a hostile or abusive work environment it is a form of gender discrimination, which is forbidden by the 1964 Civil Rights Act
Elements of Discrimination
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EEOC (Equal Employment Opportunity Commission)
a federal agency that administers and enforces civil rights laws against workplace discrimination