Unit 6 & Unit 8

Question 1

List 5 protected classes under Title VII, The Civil Rights Act of 1964

Answer 1

1. Race
2. Color
3. Religion
4. Sex
5. National origin

Question 2

What 2 things can you sue under if you feel that you have been discriminated against?

Answer 2

1. Disparate Treatment

2. Disparate Impact

Question 3

When does disparate treatment exist?

Answer 3

When an employer intentionally discriminates against someone because of their race, color, religion, sex or national origin

Question 4

When does disparate impact exist?

Answer 4

When an employer uses legitimate neutral looking standards that unintentionally put a heavier burden on a protected class than on other employees

Question 5

When can bona fide occupational qualification not be used as a defense?

Answer 5

When the case involves race

Question 6

When is discrimination considered lawful?

Answer 6

When there is a bona fide occupational qualification that is reasonably necessary for the normal operations of the business

Question 7

List 3 things that you have to prove for a bona fide occupational qualification defense

Answer 7

1. Proof of a “Nexus” between the qualification and job performance
2. “Necessity” of the qualification for successful performance
3. The job performance affected by the qualification is the “Essence” of the job

Question 8

What must employers do in cases involving religious accommodation?

Answer 8

They must take reasonable steps to prevent and remedy religious harassment as long as the accommodation isn’t an undue hardship

Question 9

What level of costs do employers need to bear to accommodate religious beliefs?

Answer 9

A de minimus cost

Question 10

List 8 disabilities that are covered under the ADA/ADAAA

Answer 10

1. Blindness
2. Hearing loss
3. Anatomical loss
4. Disfiguring scars
5. Alcoholism
6. Drug abuse
7. HIV/AIDS
8. Sometimes severe obesity

Question 11

List 6 disabilities that are not covered under the ADA/ADAAA

Answer 11

1. Homosexuality
2. Bisexuality
3. Exhibitionism
4. Gambling
5. Kleptomania
6. Pyromania

Question 12

What 2 things must the plaintiff show in order to be protected by the Age Discrimination in Employment Act?

Answer 12

1. They are 40 or older

2. A younger person received more favorable treatment

Question 13

What is illegal gender discrimination actionable under?

Answer 13

Title 7

Question 14

What is the conflict regarding employee privacy rights?

Answer 14

An employee’s right to privacy vs. the employer’s desire to decrease their potential liability

Question 15

What is any unwelcome sexual advances, requests for sexual favors, and verbal or physical conduct of a sexual nature?

Answer 15

Sexual harassment

Question 16

List the 2 categories of sexual harassment

Answer 16

1. Quid pro quo

2. Hostile environment

Question 17

Fill in the Blanks:

You sue under disparate treatment when the discrimination is _________ and you sue under disparate impact when the discrimination is _________

Answer 17

1. Intentional

2. Unintentional

Question 18

When someone is suing for disparate treatment who has the burden of proof?

Answer 18

The plaintiff

Question 19

What 4 things does the plaintiff have to prove in order to meet their initial burden of proof in a disparate treatment case?

Answer 19

1. They are a member of a protected class
2. They are qualified for the position
3. They suffered a negative employment condition
4. Their boss hired/promoted someone not in their protected class

Question 20

What has the plaintiff made when they have met their burden of proof in a disparate treatment case?

Answer 20

They have made their prima facie case

Question 21

What happens after the plaintiff has made their prima facie case in a disparate treatment case?

Answer 21

The burden of proof shifts to the employer

Question 22

What does the employer/defendant have to prove in order to meet their burden of proof in a disparate treatment case?

Answer 22

They had a legitimate, non-discriminatory reason for the plaintiff not getting the job

Question 23

What happens if the employer has met their burden of proof in a disparate treatment case?

Answer 23

The burden of proof shifts back to the plaintiff

Question 24

What must the plaintiff prove when the burden of proof shifts back to them in a disparate treatment case?

Answer 24

They have to prove that their boss is lying

Question 25

Which case set up the burden of proof procedures that disparate treatment claims must follow?

Answer 25

The McDonnell Douglas Corp v. Green Case

Question 26

How do you prove a disparate impact claim?

Answer 26

By using statistics and numbers

Question 27

What can make proving a disparate treatment claim harder?

Answer 27

When the plaintiff is in more than one protected class

Question 28

What type of cases usually arise regarding national origin discrimination?

Answer 28

Disparate treatment based on language and/or appearance

Question 29

What are the limits to arguing national origin discrimination?

Answer 29

An “English only” rule is permissible

Question 30

Summarize the On-the-Job Fetal case

Answer 30

Johnson Controls, Inc. is a battery manufacturer. The primary ingredient in their product is lead, which poses a serious health risk to a women's fetuses if it is exposed to lead. Johnson had a policy that said that women who are or have the ability to become pregnant can't be placed into jobs involving lead exposure. They believed that this was a BFOQ, but the U.S. Supreme Court found that this policy was discriminatory and a violation of Title VII.

Question 31

Describe a quid pro quo

Answer 31

A sexual experience in exchange for one’s job

Question 32

Describe a hostile environment

Answer 32

A workplace rendered offensive and abusive where no employment benefit is gained or lost

Question 33

List 2 instances where an employer can be held liable for sexual harassment

Answer 33

1. When the wrongdoer was a coworker and the employer unreasonably failed to prevent or remedy the harassment where management knew or should have known about it 2. When the wrongdoer was a supervisor and employee suffered a tangible employment action because of the harassment

Question 34

Explain the entire disparate treatment process

Answer 34

The plaintiff has 4 things that they have to prove to meet their burden of proof/make their prima facie case 1. They are a member of a protected class 2. They are qualified for the position 3. They suffered a negative employment condition 4. Their boss hired/promoted someone not in your protected class Once they have made their prima facie case the burden of proof shifts to the employer. The employer has to prove that they had a legitimate, non-discriminatory reason for the plaintiff not getting the job. If the employer meets their burden of proof the burden of proof shifts back to the plaintiff. The plaintiff has to prove that their boss is lying.

Question 35

What does product liability based on strict liability state?

Answer 35

Any retailer, seller, or manufacturer that sells an unreasonably dangerous defective product that injures the user is strictly liable

Question 36

True or False: Manufacturers can be held liable for product liability based on strict liability even when they have exercised all reasonable care

Answer 36

True

Question 37

When is the manufacturer strictly liable for the product?

Answer 37

When they knowingly place a defective product in the market and that defect causes injury

Question 38

List 3 things that the plaintiff needs to prove in order to successfully sue under product liability

Answer 38

1. The product defective 2. The product is unreasonably dangerous because of the defect 3. The defect is the proximate cause or substantial factor in the injury

Question 39

Can suppliers of compartment parts be held liable for strict product liability?

Answer 39

Yes

Question 40

Who can sue under product liability?

Answer 40

The injured party and any injured bystanders

Question 41

List 4 people who should develop a code of ethics for a company

Answer 41

1. President 2. Board of directors 3. Chief Executive Officers 4. Legal council

Question 42

List the 3 forms that the code of conduct may take

Answer 42

1. Code of ethics 2. Code of conduct 3. Statement of value

Question 43

What is the first step in establishing organizational ethics program?

Answer 43

Developing a code of ethics

Question 44

What is the most comprehensive code of conduct?

Answer 44

Code of ethics

Question 45

In what industries is the "English Only" rule permissible?

Answer 45

Customer service and health & safety

Question 46

Describe a disabled person

Answer 46

A person who has a physical or mental impairment that substantially limits major or significant life activities

Question 47

What is used as a defense against disparate treatment and disparate impact?

Answer 47

A bona fide occupational qualification

Question 48

Is a privity of contract needed in order to sue under product liability?

Answer 48

No

Question 49

List 4 things that you must do if you're confronting a situation at the workplace

Answer 49

1. Determine the facts 2. If you don't know the facts present the issue to those involved and affected 3. Always give the opportunity for self-remedy 4. Don't fear the fallout and hassle

Question 50

List 8 reasons why it's important for a company to have codes of conduct

Answer 50

1. Many ethical issues are complex 2. To satisfy the public's desire for more responsibility 3. To avoid legal problems by complying with the minimum standards of laws and regulations 4. It's impossible to know all the laws that apply to a company 5. To eliminate “bad apples” within an organization 6. To redesign "bad barrel" organizations 7. Without it, employees make decisions based on their observations of how their coworkers behave 8. It ensures that employees understand and comply with company values