Defenses to Employment Discrimination

The video tutorial provides an overview of employment discrimination, focusing on protected classes and the main types of discrimination: disparate treatment, disparate impact, and retaliation. It discusses key defenses against discrimination allegations, such as the bona fide occupational qualification (BFOQ), good cause, breach of contract, lack of knowledge, and accepted seniority systems. The tutorial emphasizes the importance of understanding these concepts to navigate employment law effectively.

Which of the following is NOT considered a protected class under employment discrimination laws?

• National Origin

• Race

• Gender

• Height

What is the primary difference between disparate treatment and disparate impact?

• Disparate treatment is legal, while disparate impact is not.

• Disparate treatment is intentional discrimination, while disparate impact involves policies that unintentionally discriminate.

• Disparate treatment involves retaliation, while disparate impact does not.

• Disparate treatment is unintentional, while disparate impact is intentional.

What does BFOQ stand for in the context of employment discrimination?

• Basic Fairness Occupational Qualification

• Bona Fide Occupational Qualification

• Best Fit Occupational Qualification

• Balanced Fairness Occupational Qualification

Which of the following is a valid defense for disparate treatment based on employee performance?

• The employee's race

• The employee's gender

• The employee's age

• The employee's poor performance

In the context of disparate impact, what is a key defense for an employer?

• The policy was not communicated to employees.

• The policy was based on racial preferences.

• The policy had no alternative that was non-discriminatory.

• The policy was intended to discriminate.

How can lack of knowledge serve as a defense in discrimination claims?

• If the employer intended to discriminate.

• If the employer was unaware of the discriminatory conduct.

• If the employer had a policy against discrimination.

• If the employer had a diverse workforce.

What is a key factor in defending a seniority system against claims of discrimination?

• The system is not documented.

• The system is compliant with all rules and based on objective criteria.

• The system promotes one race over another.

• The system is based on subjective criteria.