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BUS 404 Wroldsen Final Exam Questions and Solutions
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BUS 404 Wroldsen Final Exam Questions and Solutions
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BUS 404 Wroldsen Final ExamQuestions and Solutions
"Respondeat Superior" - -employer liable for actions of employees
- Equal Employment Opportunity Commission (EEOC) - -Agency of the
Department of Justice charged with enforcing Title VII of the Civil Rights Act
of 1964 and other anti-discrimination laws
- Fair Pay Act of 2009 - -This was referred to as the Lilly Ledbetter law
(Dessler, 2013: 44).
Ledbetter believed she had been the victim of sex discrimination in pay. She
was a supervisor.
She was unaware she was being paid less than men for two decades. She
sought $200,000. In a
5-4 Supreme Court decision, she lost her case. The majority ruled she missed
the filing deadline.
The Fair Pay Act created a new filing deadline each time a discriminatory
paycheck is issued.
180 day clock resets with each paycheck, but a two-year cap on back pay
- employment discrimination lawsuit - -File complaint with EEOC
EEOC typically refers dispute to free mediation
Then, EEOC investigates the claim
Then, either EEOC or individual brings the case ("right to sue" letter)
But, confidential arbitration?
Congress: ban arbitration for certain claims? Two sides to the question?
Wells Fargo - required arbitration for sexual harassment claims?
EEOC can still bring court claim if employee is under forced arbitrati
- what are the three types of discrimination claims? - -1. Disparate
treatment 2.Disparate impact 3.sexual harassment
- Disparate Treatment claim - -"intentional" discrimination
plaintiff's case: protected class: race, color, religion, national origin, gender,
or other class
applied for an open position, was qualified and was denied
defendant's case: legitimate, non-discriminatory reason for employment
action
plaintiff's response: defendant's reason was false
, - ex: man is denied flight attendant job: "women are more welcoming" and
"passengers prefer women flight attendants" - -disparate treatment analysis
(discrimination based on gender)
protected class: gender
is it intentional? Yes they state we don't hire men
they were qualified & denied
- Disparate Impact claim - -plaintiff's case: identify specific employment
practice of policy that caused the allegedly disparate impact on a protected
class. Policy is likely neutral on its face (test score, skill, height) use statistics
to demonstrate disparate impact on qualified applicants
defendant's case: prove that the policy is both 1) job-related & 2)consistent
with business necessity
plaintiff's response: prove an alternative, less discriminatory business
practice is available, and the employer refuses to adopt it
"unintentional" discrimination
- disparate treatment or impact? must be at least 5'2 and 120lbs to work at
the prison - -Disparate treatment: discriminates against shorter people?
Protected class? Not someone with a piercing or tattoo
Disparate impact: discriminatory effect based on gender?
Job related and consistent with business necessity? (not safe for women)
Less discriminatory alternative?
- disparate treatment or impact? :"English only while working at meat-
packing factory" - -disparate impact: discriminatory effect based on national
origin
policy/practice appears to be neutral but results in a disproportionate impact
on protected group
"unintentional"
- disparate treatment or impact? FedEx refuses to promote qualified ESL
candidate to supervisor? His accent will make it difficult to rise through the
corporate ranks" - -disparate treatment analysis: discrimination based on
national origin
intentional
- sexual harassment claims - -1)tangible employment action (job loss,
demotion, etc.) or 2) a hostile or abusive work environment
- sexual harassment claims-employer's liability - -if wrongdoer is a co-
worker, then the employee must prove 1)employer knew or should have
known and 2)unreasonably failed to prevent or remedy the harassment
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