Employment Discrimination Exam Notes

Employment Discrimination
Title 7 of Civil Rights Act of 1964- prohibits employers from discriminating against an
employee or applicant based on race, color, national origin, sex or religion in any
employment practice.
Plaintiffs are current employees, former employees applicants
Defendants are employers with 15 or more employees who work each workday in each
20 weeks in a calendar year.
The Americans with Disabilities Act- prohibits employers from discriminating against
qualified individuals on the basis of their disability. . Employers are to provide a
reasonable accommodation with regard to a known physical or mental limitation of an
otherwise qualified person unless employer can show accommodation would cause
undue hardship.
Disability: 1. May have an actual disability, 2. Have a record of a disability, 3. Being
regarded as having a disability.
ARR- ACTUAL, RECORD, REGARDED
Actual Disability- physical or mental impairment that substantially limits on or more of
an individuals major life activities.
-an employer may not discriminate against someone who is an alcoholic, although the
employer can discipline, discharge or deny employment where use of alcohol affects
job performance
Record Disability- record of having physical or mental impairment that substantially
limits one or more major life activity.
Regarded ad having a disability- employer regards someone as having a disability
FAILURE TO ACCOMMODATE
Plaintiff establishes a prima facie case if he can show:
1. Has a disability within the meaning of the ADA
2. Is qualified to perform, with or without reasonable accommodation, the
essential functions of the position he holds or desires and
3. Suffered an adverse employment action as a result of discrimination
Qualified Individual- 1. she possesses the requisite skill, experience, education and
other job related requirements of the position, 2. She is able to perform the essential
functions of the position with or without a reasonable accommodation.
Reassignment as accommodation- to be eligible for reassignment as an
accommodation there must be 1. No accommodation that would enable the employee
to remain in her current position, 2. The employee must be qualified to perform the
essential functions of the position to which he is to be reassigned, with or without
reasonable accommodation.
Employer is only required to reassign an employee to a position that is vacant.
Employer is not required to make an accommodation if it would impose an undue
hardship on the operation of a business.
Age Discrimination in Employment Act- applies to private employers employing 20 or

more employees who work each workday in each of 20 weeks.
Plaintiffs must be 40 years old or older
Employees exempted- bona fide executives reaching mandatory retirement at age 65,
safety officers, elected or appointed officials.
DEFENSES
BFOQ- Bona fide occupational qualification- where employer can show age restriction
or differential treatment of older employees is reasonably necessary to the normal
operation of the particular business
TYPES OF CLAIMS
Individual Disparate Treatment1.
2.
3.
4.
member of a protected class

was qualified for the position
suffered an adverse employment action
action occurred under circumstances that raise an inference of discriminatory
action.
Failure to hire or promote-
1.
2.
3.
4.
member of a protected class

applied for an open position for which he was qualified
was denied hire or promotion
position remained open and employer continued to seek applicants or it was
filled by another person outside of persons protected class
Systemic Disparate Treatment- when employer discriminates against an entire class of

employees, it is considered systemic disparate treatment.
Disparate Impact- occurs when a facially neutral policy or practice of the employer
disproportionately and adversely impacts a protected class.
Failure to Accommodate- religious discrimination and disability discrimination
Religion- 1. Holds a bona fide religious belief that conflicts with job requirement, 2.
Informed the employer 3. Suffered an adverse employment action
HarassmentQuid Pro Quo- applies only to sexual harassment
1. Supervisor who
2. Made a sexual advance to employee
3. Carried out a the threat of a consequence
4. Plaintiff must prove that an adverse employment action resulted from
refusal
Hostile Work EnvironmentSevere and pervasive1.
2.
3.
4.
Look at the severity of the conduct

Frequency of the conduct
Whether the conduct was physically threatening or humiliating
Whether conduct unreasonably interfered with plaintiffs work performance
S F TH I
Retaliation1.plaintiff engaged in an activity protected by one of the discrimination statutes or title

7,
2. The employer subsequently took action adverse to the employee and
3. A causal connection exists between the activity and the action.

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Employment Discrimination Exam Notes

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Employment Discrimination

Age Discrimination in Employment Act- applies to private employers employing 20 or

member of a protected class

Failure to hire or promote-

member of a protected class

Systemic Disparate Treatment- when employer discriminates against an entire class of

Look at the severity of the conduct

Retaliation1.plaintiff engaged in an activity protected by one of the discrimination statutes or title

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