Deck 4: Consitutional Claims

Question 1

Which constitutional amendments were written specifically to address equal employment opportunity issues?

Answer 1

None No constitutional amendment was ever designed to explicitly address EEO issues

Question 2

How does Section 1983 of the 14^th amendment parallel the 5^th amendment?

Answer 2

Section 1983 of the 14 amendment is similar to the Due Process Clause of the 5 amendment in that both statutes establish government responsibility for the protection of federally mandated constitutional rights The only significant distinction between these laws is the level of government to which each is applicable More specifically, while the target of the 5 amendment is federal entities, Section 1983 of the 14 amendment is directed at state and local entities

Question 3

What protected classes are covered by 1981? What races and colors are protected by 1981?

Answer 3

As with Title VII, Section 1981 protected classes include race/color, religion, and national origin However, there is no reference to gender in the 13 amendment, so sex is not a covered class All races and colors are protected including Jews and Arabs

Question 4

What entities are covered under Section 1981? What is the minimum number of employees for an employer to be covered under Section 1981?

Question 5

How do Section 1981 administrative procedures differ from Title VII administrative procedures?

Question 6

Concerning Section 1981 administrative procedures, what are the criteria for statutes of limitation?

Question 7

What are the remedies for Section 1981?

Question 8

What roles do adverse impact and the McDonnell-Burdine scenario play in Section 1981 claims?

Question 9

What practices are covered under Section 1983?

Question 10

What three types of charges are commonly filed under Section 1983?

Question 11

How does good faith immunity for discretionary acts for public officials differ for acts performed in official capacity and in personal capacity?

Question 12

What are the remedies under Section 1983?

Question 13

What are the three levels of scrutiny that governments must meet when creating laws and policies? Briefly explain the level of scrutiny and what it applies to.

Question 14

Did Roe v. Wade legalize abortion? What is the legal difference in abortion pre and post Roe v. Wade?

Question 15

What is covered by Section 1985?

Question 16

What type of personality test is best for jobs where public safety is more of a concern? And where public safety is less of a concern?

Question 17

What were the motives behind the 13^th, 14^th, and 15^th amendments?

Question 18

Why is it said that the 13^th and 15^th amendments provide rights, whereas the 14^th amendment protects rights?

Question 19

Why was the 13^th amendment insufficient to fully ensure the right it protected?

Question 20

What other relevant statutes are codified under 42 USCS?

Question 21

Why is sex not a protected class in Section 1981?

Question 22

What practices are small business owners liable for under Section 1981, that they are not liable for under Title VII?

Question 23

What advice would you give to small business owners to avoid such liabilities?

Question 24

Why are traditional disparate treatment scenarios applicable under constitutional law, whereas adverse impact is not?

Question 25

What are the major benefits and caveats of combining Section 1981 with Title VII?

Question 26

What are the various immunities and remedies for states vs. municipalities in Section1983?
What are the rules for officials vs. personal capacity suits in Section1983?

Question 27

What are the implications of Title VII vs. Section 1983 for lower-level officials who commit illegal acts (such as sexual harassment)?

Question 28

What are the three levels of scrutiny and how do they apply to the 14^th and 5^th amendment cases?

Question 29

What are the major benefits and caveats for combining Section1983 with Title VII?

Question 30

How would you apply strict scrutiny principles to freedom of speech and privacy in the workplace?

Question 31

What advice would you give to a victim of discrimination who was offered remedies via state administrative policies and/or human rights laws?

Question 32

If you were given the task of creating a valid test of trustworthiness for prospective and existing employees, how would you apply strict scrutiny in the test development process?

Question 33

What implications does the strict scrutiny analysis have for psychological tests with "invasive" questions?

Question 34

What broader implications does strict scrutiny have for test validity in general?

Question 35

Why is job analysis important for any employment selection criteria?

Question 36

How do the principles of strict scrutiny apply to test validation?