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2 pt 3 pt 4 pt 5pt 1 pt 2 pt 3 pt 4 pt 5 pt 1 pt 2pt 3 pt 4pt 5 pt 1pt 2pt 3 pt 4 pt 5 pt 1 pt 2 pt 3 pt 4pt 5 pt 1pt RACE & COLOR RELIGION GENDER & S.HARASSMT NATIONAL ORIGIN HODGE PODGE

RACE AND COLOR 1 PT QUESTION “Jamaal” and “Lakiesha” have been turned over for a promotion. They feel they were discriminated against by___

What is Racial Discrimination RACE AND COLOR 1 Pt Answer

Discrimination was primarily against blacks and a remedy RACE AND COLOR 2 pt question

RACE AND COLOR 2 pt answer What was the pressing issue behind the passage of the Civil Rights Act? Remember that all races and colors are protected – not just those of a minority group. Therefore, white males are also protected against discrimination (which is being treated differently than another)

RACE AND COLOR 3 pt question To fail or refuse to hire, to discharge any individual, or otherwise to discriminate because of the individual’s Race and/or Color.

RACE AND COLOR 3pt answer What is an unlawful employment practice for an employer? (-or-) What is the Statutory Basis for Race & Color Discrimination laws? (-or-) What is discrimination based on Race

RACE AND COLOR 4 pt question Subjected to unwelcomed conduct (with an obligation to notify that the conduct is unwelcomed). The unwanted conduct is based on Race and/or Color. Creates a hostile and abusive work environment. Is so severe and pervasive that it alters the work environment or interferes with the ability to do your job. That the employer knew or should have known about the conduct.

What are the Criteria that must be proven to win a Racial Harassment claim? RACE AND COLOR 4 pt answer

RACE AND COLOR 5 pt question White, Black or African American, American Indian, Alaska Native, Asian or Pacific Islander, Native Hawaiian, Asian

RACE AND COLOR 5 pt answer What are the recognized “Race Categories” used by the US Census Bureau

RELIGION 1 pt question These organizations are exempt from religions discrimination

RELIGION 1 pt answer What are religious organizations? A church, a church affiliated organization.

When it comes to religious discrimination, an employer as the obligation to do this RELIGION 2 pt q

RELIGION 2 pt answer What is duty to accommodate the practice? unless it causes undue hardship. So, not an absolute prohibition on religious “discrimination”. Considerations? Nature of the workplace, the job that needs accommodating, costs, willingness of other employees to assist, how similar situations handled, # of employees available to accommodate

RELIGION 3 pt question A bona fide religious belief that conflicts with an employer requirement Informed the employer of the belief Incurred harm for failure to comply with a requirement

What is the criteria to establish a prima facie religious discrimination case? The general prima facie concept seen here too! RELIGION 3 pt answer

RELIGION 4 pt question Deciding whether our policy that men must be clean shaven despite the fact his religious practice forbids shaving

RELIGION 4pt answer What is determining the business necessity when deciding to make an accommodation? We can have policies, but if there isn’t a business necessity, we are obligated to try and accommodate. Our customer preferences or co worker preferences do not matter.

the employer of an organization makes an accommodation for a religious practice and an employee refuses to follow it. RELIGION 5 pt question

RELIGION 5 pt answer What is fulfilling the duty to accommodate? The employee also has to be reasonable. The employer has try and accommodate, but it doesn’t have to be the most reasonable or what the employee demands

A workplace decision is made on the idea of how a particular gender should act or dress or what roll they should perform GENDER & S.HARASSMT 1 pt question

What is gender stereotyping This can go for other protected classes, >40, and disabled too GENDER & S.HARASSMT 1 pt answer

GENDER & S.HARASSMT 2 pt question request for sexual activity from harasser in exchange for workplace benefits

GENDER & S.HARASSMT 2 pt answer What is Quid Pro Quo Sexual Harassment? Something for something Employers are responsible for their supervisor actions when it comes to QPQ Sexual Harassment whether or not they knew –held strictly liable

Unwelcomed conduct Conduct is based on a protected class Creates an offensive intimidating environment So severe and pervasive that it alters the work environment; interferes with ability to do the job Employer knew or should have known about the conduct GENDER & S.HARASSMT 3 pt question

GENDER & S.HARASSMT 3 pt answer What is the criteria to show hostile environment sexual harassment? Hostile environment defined as intimidating and offensive environment Consistent criteria to all protected class harassment Important to remember severe and pervasive in practice One time asking on date doesn’t count Sexual harassment is not a separate law; falls under sex (gender) protection of Title VII. Concept evolved over time

GENDER & S.HARASSMT 4pt q Employers saying that certain sexes (male or female) are required for the job and is a business necessity

GENDER & S.HARASSMT 4 pt answer What is a BFOQ? Few and far between when it comes to Gender Discrimination. Remember the Hooter’s discussion?

GENDER & S.HARASSMT 5 pt question Holding responsibility for vendors or customers who sexually harass employees

GENDER & S.HARASSMT 5 pt answer What is employer liability for 3 rd party actions Employer responsible for their actions

NATIONAL ORIGIN 1 pt question An individual’s ancestry or place of origin or physical, cultural, or linguistic characteristics.

NATIONAL ORIGIN 1 pt answer What is National Origin?

. Act that prohibits discrimination against citizenship in certain circumstances and requires employers to verify an applicant’s legal right to work in the United States. NATIONAL ORIGIN 2 pt question

NATIONAL ORIGIN 2 pt answer What is the Immigration Reform and Control Act? (IRCA) ALL employers must comply with IRCA, while Title VII applies to private employers with 15 or more employees

NATIONAL ORIGIN 3 pt question English only rules that are enforced fairly and can be used as a defense against a discrimination claim are called this.

NATIONAL ORIGIN 3 pt answer What is a Bona Fide Occupational Qualification? English only and English fluency rules that meet business necessity are provided leeway by the courts—especially if the supervisor speaks English – need to run the business

NATIONAL ORIGIN 4 pt question Act that protects against discrimination based on National origin.

NATIONAL ORIGIN 4 pt answer What is Title VII of the Civil Rights Act? Title VII pertains to employment discrimination. The CRA as a whole provides many areas of discrimination protection

NATIONAL ORIGIN 5 pt question An example of this type of discrimination would be an employee who wears a turban is being called names and threatened by his supervisor or you are not given an interview because your name is Ali

NATIONAL ORIGIN 5 pt answer What is Disparate Treatment? Disparate Treatment is treating one differently intentional, while Disparate Impact is treating one differently unintentional

HODGE PODGE – 1 pt question race, color, religion, sex, national origin

What are the 5 Title VII protected classes? HODGE PODGE 1 pt answer

HODGE PODGE 2 pt question Age and Disability Discrimination laws Race, Religion, Color, National Origin, Gender (Sex) discrimination law

HODGE PODGE 2 pt answer What are the ADEA, the ADA and Title VII of the Civil Rights Act Age and disability discrimination are not allowed; however, they are NOT covered under Title VII; covered under separate legislation

HODGE PODGE 3 pt question Private employers with 15 or more employees, unions, employment agencies, governmental agencies

HODGE PODGE 3 pt answer What employers does Title VII of the Civil Rights Act (and ADEA, ADA) apply to? IRCA – applies to ALL employers with employees Wisconsin Law?—applies to all employers

HODGE PODGE 4 pt question 180 days, 300 days

HODGE PODGE 4 pt answer What are the number of days the claimant has to file a claim with the EEOC or the 706Agency (State) after the incident? Courts generally stick to the timeline!

An employer knew or should have known something HODGE PODGE 5 pt question

HODGE PODGE 5 pt answer What is constructive notice? So if there were racial slurs painted on an employee’s locker, but nobody actually told the employer because he/she should have known about the conduct – it’s there to be seen. Can’t be claiming “see no evil”

What are the steps to filing an EEOC Claim

Must first go through the EEOC (180 days) to file claim EEOC Notifies the employer within 10 days that a claim has been made EEOC reviews to see if mediation is appropriate No mediation or unsuccessful mediation, EEOC investigates EEOC makes reasonable cause or no reasonable cause determination. If no reasonable cause, can appeal— called reconsideration rights—for a judicial review of the decision If claimant still ruled against, can file claim in Federal Court (federal law case) within 90 days of the final review denial