Harassment Liability
Racial harassment is a form of this type of discrimination.
What is disparate treatment?
The strongest protection for an employer in a discrimination case is this written record.
What is documentation?
In discrimination cases, this party brings the lawsuit.
Who is the plaintiff?
This law provided full voting rights protections for African Americans.
What is the Voting Rights Act of 1965?
Studies show applicants with these types of names receive fewer callbacks.
What are ethnic or non-white sounding names?
Harassment becomes illegal when it creates this type of environment.
What is a hostile work environment?
A discrimination claim may fail if the employer can show this lawful reason for the decision.
What is a legitimate nondiscriminatory reason?
All discrimination claims must be supported by this.
What is evidence?
Courts generally give employers flexibility in employment decisions as long as those decisions are based on this type of job-related reason.
What is business necessity?
Research found employers were more likely to hire this person over a Black applicant with no record.
Who is a white applicant with a criminal record?
To be unlawful, harassment must be this level of severity.
What is severe and pervasive?
Employers who apply policies consistently and fairly reduce their risk of this.
What is liability?
Firing an employee for complaining about discrimination creates risk of this claim.
What is retaliation?
Title VII makes it illegal for employers to discriminate in hiring, firing, pay, or other employment decisions based on race and this related characteristic.
What is color?
****DAILY DOUBLE****
This type of bias operates automatically and without conscious intent.
What is unconscious bias?
An employer who responds quickly and appropriately may avoid this.
What is liability?
***DAILY DOUBLE***
Employers should regularly monitor hiring, promotions, and discipline to ensure this.
What is fairness (or equal treatment)?
Many race claims today involve this type of discrimination affecting large groups of employees.
What is systemic discrimination?
These laws later enforced legalized racial segregation in schools, housing, and public facilities.
What are Jim Crow laws?
Monitoring compensation and promotion data helps employers detect this risk.
What is discrimination (or disparate impact)?
Courts evaluate harassment based on the overall pattern using this standard.
What is the totality of the circumstances?
Courts tend to look more favorably on employers who provide this type of workplace education.
What is diversity or discrimination training?
If an employee cannot prove their claim, the employer will likely do this.
What is win the case?
When government policies classify individuals by race, courts apply this highest standard.
What is strict scrutiny?
Ignoring subtle or small discriminatory behavior increases the risk of this outcome.
What is employer liability?