Questions to Consider
Consider these questions while reading this module:
- What conduct does Title VII of the Civil Rights Act of 1964 prohibit? What are Title VII’s five "protected classes?"
- What is the difference between disparate treatment and disparate impact discrimination? How does a plaintiff establish a prima facie case under each theory?
- What defenses are available in a Title VII lawsuit? If the plaintiff prevails, what remedies are available?
- What are the main issues in lawsuits alleging discrimination based on race, color or national origin?
- What is reverse discrimination?
- What is Affirmative Action? What does it require? prohibit?
- What is the employer's obligation toward an employee alleging discrimination based on religion?
- To determine whether conduct alleged as sexual harassment is a form of sex discrimination prohibited by Title VII, what factors do the courts consider?
- What is the difference between quid pro quo and hostile environment harassment?
- After the Faragher and Ellerth decisions, when is an employer vicariously liable for harassment committed by a supervisor?
- How does Title VII protect employees from retaliation?
- How did the Pregnancy Discrimination Act of 1978 modify Title VII?
- What are the basic provisions of the Equal Pay Act?
- What is the scope of coverage of the Age Discrimination Act of 1967?
- What federal acts prohibit discrimination based on disability?
- How does the ADA define disability?
- Do recent cases seem to be expanding or restricting the coverage of the ADA? How did Congress respond to these decisions when it amended the ADA?