Chapter 35

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1
Protected Class
A class of persons defined by one or more of the criteria (race, color, religion, national origin, gender, age, or disability)
2
Employment Discrimination
Several federal statutes prohibit this against members of protected classes. The protections afforded under the laws also extend to U.S. citizens who are working abroad for U.S. firms or for companies that are controlled by U.S. firms.
3
Disparate-Treatment Discrimination
Intentional discrimination by an employer against an employee
4
Prima Facie Case
It is Latin for "at first sight" or "on its face". Legally, it refers to a fact that is presumed to be true unless contradicted by evidence.
5
Disparate-Impact Discrimination
This occurs when a protected group of people is adversely affected by an employer's practices, procedures, or tests, even though they do not appear to be discriminatory.
6
Constructive Discharge
This occurs when the employer causes the employee's working conditions to be so intolerable that a reasonable person in the employee's position would feel compelled to quit. When this is claimed, the employee can pursue damages for loss of income, including back pay.
7
Sexual Harassment
This takes place in two forms:
Quid pro quo: this harassment occurs when sexual favors are demanded in return for job opportunities, promotions, salary increases, or other benefits.
Hostile-environment: this harassment occurs when a pattern of sexually offensive conduct runs throughout the workplace and the employer has not taken steps to prevent or discourage it
8
Tangible Employment Action
This is a significant change in employment status or benefits. Such action occurs when an employee is fired, refused a promotion, demoted, or reassigned to a position with significantly different responsibilities, for instance.
9
Business Necessity
A defence for employers against discrimination suits. When a company can argue that a discriminatory requirement is necessary for workers to perform their jobs at the required level of competence.
10
Bona Fide Occupational Qualification (BFOQ)
When discrimination against a protected class is essential to a job - that is, when a particular trait is a ... ... ... .... Note that race, color, and national origin can NEVER qualify.
11
Seniority System
Workers with more years of service are promoted first or laid off last.
12
Affirmative Action
These programs attempt to "make up" for past patterns of discrimination by giving members of protected classes preferential treatment in hiring or promotion.
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