Why are legitimate nondiscriminatory reasons and BFOQs not the same thing?

BFOQ only applies to protected classes of sex, religion, and national origin.

BFOQ is also more rare & difficult to establish.

Why is job analysis important for managers in disparate treatment cases? How are they used by HR professionals?

-Job Analysis clearly communicates the minimum qualifications for any employment decision outcome. Also gives us KSAs.

-If individual does not meet the minimum requirements for the position vacancy, the individual can hardly make the argument that his or her protected class membership was the reason for the rejection. If the individual were not qualified, the individual would not have been hired.

How can an employer be innocent of unlawful discrimination and still violate Title VII's prohibition on retaliation?

Employees are safeguarded against any retaliatory action taken by the employer regardless of whether a CP has filed a claim alleging the employer's disparate treatment or disparate impact.

What are the additional remedies authorized under the Civil Rights Act of 1991?
Can these remedies also be imposed in situations involving disparate impact?

-Compensatory damages

-Punitive damanges

-Not applicable to disparate impact

What are the legal proofs required to establish a prima facie case for disparate treatment under Title VII?

-CP is a member of a protected class

-CP was qualified and applied for the job in question

-CP was subjected to an adverse action (not hired or promoted)

-Similarly situated individuals not from the CP's protected class (someone with fewer or equal qualifications) were not subjected to the adverse action

What must an employer prove to rebut the complaining party's prima facie case of disparate treatment?

The respondent's actions are based on a BFOQ or legitimate nondiscriminatory reasons.

Once litigation begins, state your reason for nonelection and stick with it

How can a complaining party show that an employer's legitimate nondiscriminatory reasons are pretextual?

Answer: The decision to hire, fire, promote, or layoff an employee was based on sound business rationale and not the individual's protected class status.

Under what circumstances can Title VII be extraterritorially applied?

Answer: 

-US citizen

-Works for US controlled company

-Host country has no equivalent EEO law

What statute created extraterritorial application?

Answer: EEOC v. Arabian American Co.

What are the 2 criteria that must be considered in determining whether or not an employer can use a BFOQ defense?

-The essence of the business operation would be undermined by not hiring members of one protected class

-There is a factual basis for believing that all, or substantially all, members of the protected class in question cannot perform the principle duties of the job

What are the traditional remedies under Disparate Treatment?

-Reinstatement

-Back Pay

-Front Pay

-Seniority Awards

-Attorney's Fees

-Court Costs

-Declaratory Relief

-Injuctive Relief (court order to cease & desist unlawful practices)

What is extraterritorial application?

Answer: Beyond the boundaries of the US or its territories.

US citizens working for American firms at facilities outside the US and its territories.