ACCT 315: Chapter 29(100% Everfree answers)
What is the most important statute covering employment discrimination? correct answers Title
VII of the Civil Rights Act
What is the purpose of Title VII? correct answers prohibits both intentional and unintentional
discrimination against employees, applicant, and union members on the basis of race, color,
national origin, religion, or gender at any stage of employment
Who does Title VII apply to? correct answers -employers and unions with 15 or more
employees/members
-labor unions that operate hiring halls
-employment agencies
-state and local gov't employment along with a special section for federal gov't
Equal Employment Opportunity Commission (EEOC) correct answers monitors compliance with
Title VII
-files suits against employers on employee's behalves if an agreement cannot be made
What happens is the EEOC decides not to investigate a claim? correct answers it issues a "right
to sue"
What type of cases does the EEOC generally investigate? correct answers -cases involving
retaliatory discharge (firing an employee in retaliation for submitting a claim to the EEOC)
-cases involving types of discrimination that are of particular concern to the EEOC
What are the limitations on class actions? correct answers the USSC held that employees must
prove a company-wide policy of discrimination had a common effect on all the plaintiffs covered
by the action
Disparate-Treatment Discrimination (Intentional Discrimination) correct answers a form of
employment discrimination that results when an employer intentionally discriminates against
employees who are members of a protected class
Prima Facie Case correct answers a case in which the plaintiff has produced sufficient evidence
of his or her claim that the cause will be decided for the plaintiff unless the defendant produces
evidence to rebut the claim
Prima Facie correct answers means "at first sight" in Latin
-legally, it refers to a fact that is presumed to be true unless contradicted by evidence
What must a plaintiff show to establish a prima facie case? correct answers 1. the plaintiff is a
member of a protected class
2. the plaintiff applied and was qualified for the job in question
3. the plaintiff was rejected by the employer
4. the employer continues to seek applicants for the position or filled the position with a person
not in a protected class
, What is the burden-shifting procedure? correct answers once a prima facie case is established,
the employer/defendant must articulate a legal reason for not hiring the plaintiff or for taking
some other adverse employment action
-if no legal reasoning is given, the plaintiff wins
-if one is given, the plaintiff must show that the employer's reason is a pretext (not a true reason)
Disparate-Impact Discrimination (unintentional discrimination) correct answers discrimination
that results from certain employer practices or procedures that, although not discriminatory on
their face, have a discriminatory effect ex. hiring based on minimum educational requirement
What are the two ways of showing that an employer's practices, procedures, or tests are
effectively discriminatory? correct answers 1. Pool of Applicants
2. Rate of Hiring
Pool of Applicants correct answers Plaintiff must prove that:
1. as a result of educational or other job requirements or hiring procedures,
2. the percentage of nonwhites, women, or members of other protected classes in the employer's
workforce
3. does not reflect the percentage of that group in the pool of qualified applicants
-if a connection between the disparity and practice is shown, a prima facie case is made and no
evidence is needed to prove discriminatory intent
Rate of Hiring correct answers comparing the employer's selection rates of members and
nonmembers of a protected class
-uses "four-fifths rule" to determine if discriminatory
Four-Fifths Rule correct answers a selection rate for protected classes that is less than 4/5ths of
the rate for the group with the highest rate generally is regarded as evidence of disparate impact
How can employers avoid liability in the presumption of illegal discrimination? correct answers
must show that its standards have a substantial, demonstrable relationship to realistic
qualification of the job in question
Reverse Discrimination correct answers discrimination against "majority" individuals
Section 1981 Claims correct answers prohibits discrimination of the basis of race or ethnicity in
the formation or enforcement of contracts
-section was enacted in 1866 to protect the rights of freed slaves
What is the advantage of bringing a case under Section 1981 rather than Title VII? correct
answers there is no cap on damages
What does it mean to "reasonably accommodate" for an employee's religious beliefs? correct
answers employer must accommodate the religious practices of its employees unless it would
cause undue hardship to the business
What is the most important statute covering employment discrimination? correct answers Title
VII of the Civil Rights Act
What is the purpose of Title VII? correct answers prohibits both intentional and unintentional
discrimination against employees, applicant, and union members on the basis of race, color,
national origin, religion, or gender at any stage of employment
Who does Title VII apply to? correct answers -employers and unions with 15 or more
employees/members
-labor unions that operate hiring halls
-employment agencies
-state and local gov't employment along with a special section for federal gov't
Equal Employment Opportunity Commission (EEOC) correct answers monitors compliance with
Title VII
-files suits against employers on employee's behalves if an agreement cannot be made
What happens is the EEOC decides not to investigate a claim? correct answers it issues a "right
to sue"
What type of cases does the EEOC generally investigate? correct answers -cases involving
retaliatory discharge (firing an employee in retaliation for submitting a claim to the EEOC)
-cases involving types of discrimination that are of particular concern to the EEOC
What are the limitations on class actions? correct answers the USSC held that employees must
prove a company-wide policy of discrimination had a common effect on all the plaintiffs covered
by the action
Disparate-Treatment Discrimination (Intentional Discrimination) correct answers a form of
employment discrimination that results when an employer intentionally discriminates against
employees who are members of a protected class
Prima Facie Case correct answers a case in which the plaintiff has produced sufficient evidence
of his or her claim that the cause will be decided for the plaintiff unless the defendant produces
evidence to rebut the claim
Prima Facie correct answers means "at first sight" in Latin
-legally, it refers to a fact that is presumed to be true unless contradicted by evidence
What must a plaintiff show to establish a prima facie case? correct answers 1. the plaintiff is a
member of a protected class
2. the plaintiff applied and was qualified for the job in question
3. the plaintiff was rejected by the employer
4. the employer continues to seek applicants for the position or filled the position with a person
not in a protected class
, What is the burden-shifting procedure? correct answers once a prima facie case is established,
the employer/defendant must articulate a legal reason for not hiring the plaintiff or for taking
some other adverse employment action
-if no legal reasoning is given, the plaintiff wins
-if one is given, the plaintiff must show that the employer's reason is a pretext (not a true reason)
Disparate-Impact Discrimination (unintentional discrimination) correct answers discrimination
that results from certain employer practices or procedures that, although not discriminatory on
their face, have a discriminatory effect ex. hiring based on minimum educational requirement
What are the two ways of showing that an employer's practices, procedures, or tests are
effectively discriminatory? correct answers 1. Pool of Applicants
2. Rate of Hiring
Pool of Applicants correct answers Plaintiff must prove that:
1. as a result of educational or other job requirements or hiring procedures,
2. the percentage of nonwhites, women, or members of other protected classes in the employer's
workforce
3. does not reflect the percentage of that group in the pool of qualified applicants
-if a connection between the disparity and practice is shown, a prima facie case is made and no
evidence is needed to prove discriminatory intent
Rate of Hiring correct answers comparing the employer's selection rates of members and
nonmembers of a protected class
-uses "four-fifths rule" to determine if discriminatory
Four-Fifths Rule correct answers a selection rate for protected classes that is less than 4/5ths of
the rate for the group with the highest rate generally is regarded as evidence of disparate impact
How can employers avoid liability in the presumption of illegal discrimination? correct answers
must show that its standards have a substantial, demonstrable relationship to realistic
qualification of the job in question
Reverse Discrimination correct answers discrimination against "majority" individuals
Section 1981 Claims correct answers prohibits discrimination of the basis of race or ethnicity in
the formation or enforcement of contracts
-section was enacted in 1866 to protect the rights of freed slaves
What is the advantage of bringing a case under Section 1981 rather than Title VII? correct
answers there is no cap on damages
What does it mean to "reasonably accommodate" for an employee's religious beliefs? correct
answers employer must accommodate the religious practices of its employees unless it would
cause undue hardship to the business
