BUSINESS LAW - CHAPTER 25 (Employment Discrimination and Diversity)

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  1. BFOQ
    Bona Fide Occupational Qualification Identifiable characteristics reasonably necessary to the normal operation of a particular business. These characteristics can include gender, national origin, and religion, but not race.
  2. Constructive  Discharge
    A termination of employment brought about by making the employee’s working conditions so intolerable that the employee reasonably feels compelled to leave.
  3. EEOC
    • Equal Employment Opportunity Commission 
    • Agency responsible for enforcing federal laws that make it illegal to discriminate against a job applicant or an employee because of the person's race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information
  4. Disparate Treatment Discrimination
    A disparate treatment violation is made out when an individual of a protected group is shown to have been singled out and treated less favorably than others similarly situated on the basis of an impermissible criterion under Title VII.
  5. Disparate Impact Discrimination
    Doctrine that holds that employment practices may be considered discriminatory and illegal if they have a disproportionate "adverse impact" on persons along the lines of a protected trait. Although the protected traits vary by statute, most federal civil rights laws include race, color, religion, national origin, and gender as protected traits, and some laws include disability status and other traits as well.
  6. Prima Facie
    Latin for "at first sight."  Prima facie may be used as an adjective meaning "sufficient to establish a fact or raise a presumption unless disproved or rebutted;" e.g., prima facie evidence.
  7. Reverse Discrimination
    A type of discrimination wherein the victims of discrimination are members of a majority or historically "advantaged" group. Often, reverse discrimination cases involve programs meant to advance or promote minorities and address inequality, such as affirmative action
  8. Lilly Ledbetter Fair Pay Act
    A law signed by Congress on January 29, 2009, that restored worker protections against pay discrimination. The Lilly Ledbetter Fair Pay Act allows individuals who face pay discrimination to seek rectification under federal anti-discrimination laws. The law clarifies that discrimination based on age, religion, national origin, race, sex and disability will "accrue" every time the employee receives a paycheck that is deemed discriminatory.
  9. Sexual Harassment  ( including 2 types)
    • According to the Equal Employment Opportunity Commission (EEOC), there are two types of sexual harassment claims: “quid pro quo” and “hostile work environment”.
    • Quid pro quo harassment involves expressed or implied demands for sexual favors in exchange for some benefit.
    • Hostile work environment harassment is sexual or other discriminatory conduct that is so severe and pervasive that it interferes with an individual’s ability to perform their job.
  10. Ellerth/Faragher  Affirmative Defense  
    (Page 646) 
    What are the two parts of it?
  11. ADEA
    • Age Discrimination in Employment Act
    • It forbids employment discrimination against anyone at least 40 years of age in the United States
  12. ADA
    • Americans with Disabilities Act 
    • A wide-ranging civil rights law that prohibits, under certain circumstances, discrimination based on disability.
  13. Business Necessity Defense
    A defense to an allegation of employment discrimination in which the employer demonstrates that an employment practice that discriminates against members of a protected class is related to job performance.
  14. Seniority System
    A system in which those who have worked longest for an employer are first in line for promotions, salary increases, and other benefits, and are last to be laid off if the workforce must be reduced.
  15. Affirmative Action
    Job-hiring policies that give special consideration to members of protected classes in an effort to overcome present effects of past discrimination.
  16. Protected Class
    A group of persons protected by specific laws because of the group’s defining characteristics, including race, color, religion, national origin, gender, age, and disability.
  17. Tangible Employment Action
    A significant change in employment status or benefits, such as occurs when an employee is fired, refused a promotion, or reassigned to a lesser position.
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BUSINESS LAW - CHAPTER 25 (Employment Discrimination and Diversity)
Chapter 25 Terms
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