Exam 20: Discrimination in Employment

Even if the plaintiff proves disparate treatment, the defendant can win by showing that all or substantially all members of the plaintiff's class cannot perform the duties of the job.

Some states have passed laws protecting employees on the basis of sexual orientation; however, none to date have enacted gender identity protections.

What effect did the Supreme Court case of Adarand Constructors, Inc. v. Pena have in defining affirmative action?

California's Proposition 209:

EEOC guidelines allow employers to classify jobs as male or female, as well as to have male and female seniority lists.

What protections are afforded to employees under the Age Discrimination in Employment Act (ADEA)?

Discrimination against vegetarians could result in successful EEOC religious discrimination suits.

A typical state act makes it an unfair employment practice for any employer to refuse to hire any individual because of his/her ancestry.

Tom is a cop and has a reputation for being one of the toughest men in the precinct. He regularly hangs out with the guys and flirts with the women. After two years, he announces that he is gay and always has been. A week later, he is fired when his lieutenant announces that he cannot trust a gay person and feels too uncomfortable around him. If Tom files a discrimination complaint with the EEOC, what will be the outcome?

Setting a passing score for Asians at 80 out of 100 and a passing score of 60 out of 100 for all other applicants is an example of race norming.

Agreements that mandate binding arbitration of discrimination claims as a condition of employment are concordant with the fundamental principles of antidiscrimination laws.

The Fair Employment Practices Commission has the power to make rules and regulations and hear and decide charges of violations filed by complainants.

The 1991 Civil Rights Act amendments state that the showing of a statistically imbalanced workforce is not enough in itself to establish a violation of Title VII.

Businesses with fewer than 250 employees and federal contracts under $1 million do not have to prepare written affirmative action plans for hiring women and minorities.

Which employers are covered under the Genetic Information Nondiscrimination Act?

What advantages exist in using Section 1981 instead of Title VII as the basis of a lawsuit?

What are the types of employer action in which discrimination is prohibited?

A cashier easily becomes fatigued because she can make only partial use of one of her legs. As a result, she has difficulty making it through her shift. The employee requests a stool because sitting greatly reduces the fatigue. Is she justified in making such a request? Discuss.

Mena Vaska is an employee at Bill's Department Store for approximately 10 years as an assistant manager. Despite her supervisors' assurances that she is among the top candidates for a promotion, she is repeatedly passed over. Five store manager positions are given to less-experienced and less-qualified men within a two-month period, as well as to women with no children or to women who assure their bosses they would have no more children. Mena has one kid and is pregnant again. Mena thinks that her motherhood is the reason for her being passed over for promotion. What legal course does Mena have?

The Pregnancy Discrimination Act: