Chapter 18 - Title VII Discrimination

Table of Contents	Treatise	Search	Apps Home
View Legal Apps for iPhone^®/iPad^®	Garland's Digest Treatise on employment discrimination law online since 1997		Sign up for Legal Apps Newsletter
x


Disclaimer: The Treatise is based upon federal appellate court decisions from 1996 to 2008. We are currently in the process of updating the Treatise. Until that update is complete, it is possible that certain cases cited in the Treatise may no longer represent current law. ------------------------- Chapter 18 - Title VII Discrimination Overview 18.100 Introduction 18.200 Issues unique to Title VII 18.300 Issues unique to the different protected classes 18.400 Miscelleous Title VII issues 18.500 Employees who are not considered "employees" under Title VII vs. the Government Employee Rights Act ("GERA") Detail 18.100 Introduction 18.110 Statute 18.111 Statute on liability of employer 18.112 Statute on liability of employment agency 18.113 Statute on liability of labor union 18.114 Statute regarding pregnancy discrimination 18.120 Regulations 18.130 Deference to regulations 18.140 Interpretative guidance based on other anti-discrimination laws 18.150 Remedial statute subject to broad interpretation 18.160 Standards same for private employers and federal employers [TOP] 18.200 Issues unique to Title VII 18.210 Equal pay claims 18.220 Scope of Title VII 18.221 Protection of interracial association 18.222 Prohibits discrimination in health insurance and other fringe benefits 18.223 Indirect liability for interference with an individual's employment with third parties 18.224 Title VII exempts religious organizations from prohibition against religious discrimination [TOP] 18.300 Issues unique to the different protected classes 18.310 Color 18.311 Definition of "color" discrimination 18.320 National Origin 18.321 Definition of "national origin" 18.322 Discrimination based on tribal membership 18.323 Discrimination based on foreign citizenship is not protected 18.324 Discrimination based on unspecified foreign origin could be protected 18.330 Pregnancy 18.331 Pregnancy discrimination claims analyzed the same way as other claims 18.332 Employer's knowledge of pregnancy 18.333 Requirement of equal treatment, not preferential treatment 18.333.10 Absenteeism related to pregnancy 18.333.20 Light duty policy that distinguishes between work injuries (or conditions) and non-work injuries (or conditions) does not violate the PDA 18.334 Potential to become pregnant 18.335 Infertility 18.336 Caring for child not protected 18.340 Race 18.341 Employer's knowledge of race 18.342 Title VII and 42 U.S.C. § 1981 - same analysis 18.343 Same race harassment 18.344 Protects members of minority and majority 18.345 Bigotry must cause an injury 18.346 Racist remarks 18.346.10 "Buckwheat" 18.346.20 Reference to African-American male genitalia 18.350 Religion 18.351 Two types of claims - discrimination and failure to accommodate 18.352 Statute and regulations 18.352.10 Statute on reasonable accommodation 18.352.20 Regulations on reasonable accommodation 18.353 Burden-shifting test for reasonable accommodation cases 18.353.10 Bona fide religious belief that conflicts with an employment requirement 18.353.11 Definition of religion 18.353.12 Bona fide religious belief 18.353.13 Conflict exists where employee must use benefits to avoid violating religious beliefs 18.353.20 Employer informed of belief and conflict 18.353.30 Adverse employment action 18.353.31 "Religious sensibilities" or "employment atmosphere" claim 18.354 Reasonable accommodation general principles 18.354.10 What is a reasonable accommodation? 18.354.20 Employer's duty to offer reasonable accommodation 18.354.30 Duty to engage in interactive process 18.354.40 No duty to offer accommodation where employee is unreasonable 18.354.50 No duty to offer accommodation that would discriminate against co-workers or deprive them of contractual or statutory rights 18.354.51 Existence of seniority system does not relieve employer from considering reasonable accommodation 18.354.60 No duty to allow employee to impose his religious beliefs on others 18.354.70 What is the effect of an offer of an accommodation after the employer has taken its adverse employment action? 18.355 Undue hardship 18.355.10 Undue hardship defined 18.355.20 Whether rearranging employees' schedules is an undue hardship 18.356 Examples of specific religious beliefs to which an accommodation was requested 18.356.01 Body piercing 18.356.02 Confederate flag display 18.356.03 Law enforcement personnel not wanting to investigate certain crimes or protect certain citizens 18.356.04 Male truck driver's request not to be paired with female driver 18.356.05 Nurse's refusal to participate in termination of a pregnancy 18.356.06 Opposition to homosexuality 18.356.07 Opposition to union membership 18.356.08 Personal grooming 18.356.09 Religious holiday 18.356.10 Religious pilgrimage 18.356.11 Displaying religious items in the workplace 18.356.12 Work on the Sabbath 18.357 Burden-shifting test for disparate treatment claims 18.360 Sex or gender 18.361 Discrimination because of sex 18.361.10 Favoritism based on romance 18.361.20 Men discriminating against men 18.361.30 Discrimination based on marital status 18.362 Discrimination based on sexual orientation 18.363 Discrimination based on gender stereotypes 18.363.10 What conduct constitutes gender stereotyping 18.364 "Sex-plus" discrimination 18.365 Difference between sex and gender 18.366 De minimis discrimination 18.366.10 Grooming standards 18.366.11 Hair length 18.366.20 Correctional officer [TOP] 18.400 Miscelleous Title VII issues 18.410 Equal Pay Act affirmative defenses 18.420 No statutory right to effective assistance of counsel 18.430 Whether discrimination against Hispanics is national origin or race discrimination? 18.440 Records retention [TOP] 18.500 Employees who are not considered "employees" under Title VII vs. the Government Employee Rights Act ("GERA") 18.510 Overview of Title VII and the GERA 18.520 Statuary authority 18.521 Statutory authority - Title VII 18.522 Statutory authority - GERA 18.530 Scope of Title VII 18.531 Overview by circuit 18.540 Scope of GERA 18.541 Overview by circuit 18.542 Retaliation claims 18.550 Proving Title VII claims 18.551 Personal staff 18.560 Proving GERA claims 18.561 Adverse employment action 18.562 Retaliation claims [TOP]


Table of Contents	Treatise	Contact Us	Privacy
© 2011 Garland's Digest Apple, the Apple logo, iPad, iPhone, iTouch, and iTunes are trademarks of Apple Inc., registered in the U.S. and other countries.

, iPad, iPhone, iTouch, and iTunes are trademarks of Apple Inc., registered in the U.S. and other countries.