LEGL 2700 UGA Epstein final info
employment discrimination effects: job - correct answer-candidate: knowing your rights
interviewer: how to make decisions, what you ask
*care about it as an individual; hire & fire
employment discrimination effects: business community - correct answer-value of diversity
1. customers
2. community
3. firm level
4. returns
*diversity of thought improves decision-making
employment discrimination effects: society - correct answer--importance of employment
-fairness
-ideals
*income/societal equality starts with employment
we're an at-will state, but.... - correct answer-we cannot fire people for discriminatory
reasons
State Anti-Discrimination Laws - correct answer--not much preemption (states are free to
pass employment anti-discrimination laws); preemption is not a huge issue as long as state
and local laws expand protection
-protect categories of persons that are not protected under federal law
-can't unprotect federal laws at the state level, but can have MORE protective laws at state
level
-supplement Title VII (7) by offering remedies to victims to sexual harassment
-torts, discrimination plaintiffs can sue employers under state law
Federal Equal Employment Opportunity act - correct answer-permits state laws to impose
additional duties and liabilities
Civil Rights Act of 1964 - correct answer--purpose: eliminate job discrimination based on
race, color, religion, sex, or national origin
-applies to employers with 15 or more employees
-Small business exemption (below 15 employees) = watch out for state/local laws
Discrimination (Disparate Treatment, Disparate Impact, and Retaliation) can be found in: -
correct answer-· discharge
· refusal to hire
· compensation
· promotion
· terms, conditions, or privileges of employment
, Disparate Treatment - correct answer-employer obviously (intentionally in book)
discriminates
Disparate Impact definition - correct answer-discriminatory effect (level of subtlety)
retaliation - correct answer-adverse employment actions against employee; similar to
whistleblowers
· Discrimination allowed on basis of: - correct answer-"bona fide occupational qualifications"
(BFOQ) or "business necessity"
BFOQ - correct answer-able to cast only men to a male role for play
business necessity - correct answer-you have to be able to lift over 100 lbs --> has to be true
of the job
disparate impact examples - correct answer-· Biased personnel tests
· Denying employment to unwed mothers
· Poor credit rating
· Priority to relatives of present employees
discrimination categories - correct answer-· Race
· Color
· National origin (foreign language)
· Religion (religious organization exception; accommodations for religious practice/dress)
· Sex (male/female)
· Sexual orientation
· Pregnancy (health and disability plans)
· Equal pay
· Age
· Disability
· Genetic info
· Health insurance
Pregnancy Discrimination Act - correct answer--Employers with health or disability plans
must cover pregnancy and childbirth and related medical conditions in same manner as
other conditions
-Covers married and unmarried women
Equal Pay Act - correct answer--Prohibits an employer from discriminating on the basis of
sex in paying wages performing the same work under similar working conditions in the same
establishment
-Discrimination is allowed if it arises from a seniority or merit system
-Not "equal", but "substantially equal"
Age Discrimination in Employment Act - correct answer--Protects employees or applicants
against discrimination based on age
-Prohibits employment discrimination against employees aged 40 and above
employment discrimination effects: job - correct answer-candidate: knowing your rights
interviewer: how to make decisions, what you ask
*care about it as an individual; hire & fire
employment discrimination effects: business community - correct answer-value of diversity
1. customers
2. community
3. firm level
4. returns
*diversity of thought improves decision-making
employment discrimination effects: society - correct answer--importance of employment
-fairness
-ideals
*income/societal equality starts with employment
we're an at-will state, but.... - correct answer-we cannot fire people for discriminatory
reasons
State Anti-Discrimination Laws - correct answer--not much preemption (states are free to
pass employment anti-discrimination laws); preemption is not a huge issue as long as state
and local laws expand protection
-protect categories of persons that are not protected under federal law
-can't unprotect federal laws at the state level, but can have MORE protective laws at state
level
-supplement Title VII (7) by offering remedies to victims to sexual harassment
-torts, discrimination plaintiffs can sue employers under state law
Federal Equal Employment Opportunity act - correct answer-permits state laws to impose
additional duties and liabilities
Civil Rights Act of 1964 - correct answer--purpose: eliminate job discrimination based on
race, color, religion, sex, or national origin
-applies to employers with 15 or more employees
-Small business exemption (below 15 employees) = watch out for state/local laws
Discrimination (Disparate Treatment, Disparate Impact, and Retaliation) can be found in: -
correct answer-· discharge
· refusal to hire
· compensation
· promotion
· terms, conditions, or privileges of employment
, Disparate Treatment - correct answer-employer obviously (intentionally in book)
discriminates
Disparate Impact definition - correct answer-discriminatory effect (level of subtlety)
retaliation - correct answer-adverse employment actions against employee; similar to
whistleblowers
· Discrimination allowed on basis of: - correct answer-"bona fide occupational qualifications"
(BFOQ) or "business necessity"
BFOQ - correct answer-able to cast only men to a male role for play
business necessity - correct answer-you have to be able to lift over 100 lbs --> has to be true
of the job
disparate impact examples - correct answer-· Biased personnel tests
· Denying employment to unwed mothers
· Poor credit rating
· Priority to relatives of present employees
discrimination categories - correct answer-· Race
· Color
· National origin (foreign language)
· Religion (religious organization exception; accommodations for religious practice/dress)
· Sex (male/female)
· Sexual orientation
· Pregnancy (health and disability plans)
· Equal pay
· Age
· Disability
· Genetic info
· Health insurance
Pregnancy Discrimination Act - correct answer--Employers with health or disability plans
must cover pregnancy and childbirth and related medical conditions in same manner as
other conditions
-Covers married and unmarried women
Equal Pay Act - correct answer--Prohibits an employer from discriminating on the basis of
sex in paying wages performing the same work under similar working conditions in the same
establishment
-Discrimination is allowed if it arises from a seniority or merit system
-Not "equal", but "substantially equal"
Age Discrimination in Employment Act - correct answer--Protects employees or applicants
against discrimination based on age
-Prohibits employment discrimination against employees aged 40 and above
