Chapter 21 - Employment Discrimination

Section 1- Title VII of the Civil Rights Act of 1964

1. Explain how federal civil rights laws modify employment at will

    a. Identify the protected categories from the 1964 Civil Rights Act (CRA), the Age Discrimination in Employment Act (ADEA), and the Americans with Disabilities Act (ADA)

     b. Explain when each of the above federal laws applies to an employer

2. Differentiate legal from illegal discrimination

3. Compare and contrast two types of discrimination: disparate treatment (intentional discrimination) and disparate impact (unintentional discrimination)

    a. Explain a prima facie case

    b. Apply the "four-fifths rule"

4. Discuss EEOC enforcement of civil rights laws

5. Explain the rules regarding constructive discharge

6. Explain the rules regarding gender discrimination, including sexual harassment

    a. Compare quid pro quo sexual harassment with hostile environment sexual harassment

    b. Compare employer liability for harassment by supervisors to harassment by co-workers

7. Explain Burlington Northern v. White

Section 2 - Discrimination Based on Age

8. Compare the ADEA to the 1964 CRA

        a. Explain the protection afforded by the ADEA

Section 3 - Discrimination Based on Disability

9. Explain the ADA

        a. Identify disabled persons under the law

        b. Explain the requirement of reasonable accommodation versus undue hardship

Section 4 - Defenses to Employment Discrimination

10. Explain defenses to employment discrimination, including a BFOQ

Section 5 - Affirmative Action

11. Explain affirmative action, regarding both private employers and government employers