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Legal Envi. of Bus
FinAL EXAM (Chapters 17-23, 28) Chp 22
| Question | Answer |
|---|---|
| [no state shall] deny to any person within its jurisdiction the equal protection of the law | Constitution Amend. 14 |
| —applies to entities that affect interstate commerce —prohibits discrimination in employment on the basis of race, color, religion, national origin, gender | Title VII of the Civil Rights Act of 1964 (Title VII): |
| __ laws prohibit discrimination on the basis of marital status, sexual preference | MA |
| ___ prohibits discrimination on the basis of disability | ADA |
| -disparate treatment (DT)—either “direct evidence” or “inference” -disparate impact (DI) -harassment -failure to accommodate (religion or disability) -retaliation | Law recognizes five types of employment discrimination claims: |
| plaintiff has direct evidence of discrimination, such as statements by supervisor/hiring manager, policy statements, huge statistical disparities—direct evidence cases represent about 1% of all DT cases | DT “direct evidence” case |
| indirect evidence of discrimination | DT “inference” case |
| employees can be fired or not hired for any reason or no reason—BUT not an illegal reason | employment at will” states |
| -Specific reason, specific plaintiff—performance reasons, disciplinary reasons -Specific reason, company wide issues: reorg, reduction in force, “upgrade,” etc. -Non-specific reason--Defendants often say: “better fit,” “more qualified,” relevant | Legitimate, non-discriminatory reason is a light burden 3 reasons: |
| -quid pro quo, i.e. something for something -hostile environment, i.e. unwelcome comments or conduct that has purpose or effect of creating a hostile work environment | Harassment—two types: |
| employer will be liable | Harassment of subordinate by supervisor or manager |
| employer may be held liable if it knew or should have known | Harassment by co-worker or others |
| -did employer have policy in place, well publicized -did employer conduct training, awareness etc. -did employer have adequate system for victims to report -did employer respond adequately | courts will look to see whether employer took reasonable steps to prevent and address harassment, such as: |
| courts recognize employers’ affirmative duty to accommodate | Failure to accommodate |
| modify work rules, environment and/or schedules to accommodate religious practices or observances of employees | Religious accommodation |
| religion must involve a deity, belief system | Not limited to “mainstream” religions |
| modify work rules, environment and/or schedules to accommodate employees with disabilities, as defined by law | Disability accommodation |
| -parking -signage -accessible entrances -accessible paths of travel -accessible work areas -accessible restrooms -accessible public areas | ADA Standards for Accessible Design, building code provisions that describe how buildings should be built to accommodate employees with disabilities—mandates standards for: |
| prohibits discrimination, and requires offer of accommodation to “qualified person with a disability” | ADA also has civil rights provisions |
| —vision, hearing, or other sensory impairments --mobility impairments --chronic conditions such as asthma or migraines --partial or total organ failure such as kidney conditions or colostomies; diabetes | Disability defined |
| --diseases such as tuberculosis and HIV/AIDS --mental and psychological conditions such as depression or insomnia --the courts have struggled with the issue of whether obesity is a disability | Disability defined |
| an impairment that substantially limits a major life activity | Disability defined |
| -certain psychological disorders, such as kleptomania and most psycho-sexual disorders -diseases that are currently contagious AND capable of being spread under the normal conditions of a particular job | ADA specifically excludes certain conditions: |
| Both the ADA and Title VII also prohibit _______ against an employee for asserting their rights under the law, or assisting another in asserting that person’s right under the law. | retaliation |
| -protected activity. -an adverse employment action. -a causal nexus between the protected activity and the adverse employment action. | A retaliation case involves three elements: |
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