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100
What is ADEA and does it apply to all employers?
ADEA is Age Discrimination Employment Act, and it protects discrimination at work of individuals who are 40+ It applies to employers, labor unions, employment agencies, as long as they have 20 or more employees. ADEA does not apply to federal government employers.
100
Does Title VII protect against employment discrimination of employees based on their accent/inability to communicate well in English?
Yes, in fact "English-only rules" could be an example of such discrimination. Although some English-only rules are allowed, employer cannot intentionally create hostile atmosphere at work. Blanket English only rules are allowed if they are required by the business necessity.
100
Does gender discrimination prohibit gender stereotyping? Provide an example of gender stereotyping discrimination.
Yes, when a person is treated differently because he/she does not conform to the typical social norms based on the gender. Example: overly aggressive woman, "manly"
200
Does employer have to accommodate religious applicant's request? What are some factors that court may consider.
Employers must provide reasonable accommodations to applicants, as long as such accommodations do not result in undue hardship. Some of the factors that courts consider if accommodation is reasonable or if it will result in undue hardship are: - Size of Employer's work, number of employees needing accommodation; - nature of the job; - cost of accommodation; - what alternatives are available.
200
When can employers require its employees to retire?
1) Cost Justified and no greater than necessary to benefit older and younger employees 2) Executive Exemption - employees who are 65 may be retired if they qualify. 3) State/Local Firefighters at the age of 55. 4) BFOQ
200
When are waivers of age discrimination claims valid?
The waiver is knowing and voluntary, additional compensation is received for the waiver; waivers must be in writing and specifically refer to ADEA rights; Employees must be advised to consult an attorney about the waiver; Employees must be given at least twenty-one days to consider the waiver; Employees must be allowed to revoke the waivers up to seven days after signing
300
What are some exceptions for religious discrimination?
Ministerial Exemption - spiritual function employees can be of certain religion BFOQ Educational Institutions 702(a) - religious societies, corporations, educational institutions, accusations
300
What is FMLA and what discrimination does it prevent?
Family Medical Leave Act prevents/protects against pregnancy discrimination or discrimination based on serious health conditions. It requires employers to re-hire individuals after the 12 weeks of unpaid leave.
300
Does Title VII protect against sexual identity/orientation discrimination? What damages can an individual collect for discrimination under Title VII against a private employer.
No. A prevailing individual may seek injunction, back pay, front pay, legal fees and costs, and punitive damages.
400
What is disparate treatment and what is disparate impact?
These are methods of proving discrimination. When discrimination is made against a particular individual, and that individual has proof that he was discriminated on the grounds of race/religion.. - then he can establish by actual evidence of discrimination. However, a different method of proof (which is generally used in neutral job requirements), is available where an individual can establish discrimination based on statistical data of hiring (4/5 rule)
400
How can employer validate job requirements if employee claims discrimination based on employer's requirements?
Employer could establish that the job requirement is valid based on: Criterion-related validity - selected device correlates with the skills/knowledge necessary for successful job performance; Construction Validity: selecting employees based on traits.characteristics required for the job Content validity: demonstrating that the requirement reflects the content of the job for which employee is being selected for.
400
Once an individual proves discrimination, what could employer do to rebut this?
Employer could either challenge Plaintiff's evidence (for example if employee provides statistical data, employer could challenge statistical analysis, samples, methods of data collection, provide alternative statistical proof) or provide evidence that the job requirement is business necessity. If employer can prove that, then the burden shifts to employee to establish if there was an alternative non-discriminatory option that could achieve employer's goals