Certified Public Labor Attorney Exam study materials
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Certified Public Labor Attorney Exam: Employment Discrimination and Equal Opportunity

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Employment Discrimination and Equal Opportunity

This domain tests the federal equal-employment statutes, the three proof frameworks courts use, and the procedural gates that decide most real cases.

Coverage and procedure

  • Title VII (15+ employees): race, color, religion, sex - including pregnancy (PDA), sexual orientation and gender identity (Bostock, 2020) - and national origin.
  • ADEA (20+): age 40 and over. ADA (15+): disability, with reasonable accommodation. EPA: equal pay for substantially equal work. §1981: race, no damages cap, no EEOC charge required. GINA: genetic information.
  • An EEOC charge must be filed within 180 days (300 in deferral states); a right-to-sue letter allows suit within 90 days.

Proof frameworks

  1. Disparate treatment - McDonnell Douglas: prima facie case, employer's legitimate nondiscriminatory reason, then pretext.
  2. Mixed motive - §703(m): discrimination was a motivating factor; the employer's same-decision defense limits relief but not liability.
  3. Disparate impact - Griggs; the employer must show job-relatedness and business necessity, and the plaintiff may offer a less discriminatory alternative.
  • Harassment: unwelcome conduct severe or pervasive; Faragher/Ellerth shields employers from supervisor harassment only absent a tangible employment action and only with a proven policy and complaint mechanism.
  • Retaliation: materially adverse action (Burlington Northern) but "but-for" causation (Nassar).
  • Remedies: back pay, reinstatement, fees; compensatory and punitive damages capped at $50,000–$300,000 by employer size for Title VII and ADA; ADEA adds liquidated damages for willful violations.

Worked example

A 52-year-old regional manager earning top ratings is replaced by a 28-year-old, and her director says, "we need fresh energy." Prima facie case: protected class, qualified, discharged, replaced by a substantially younger person. The employer offers declining sales - but the file shows sales exceeded target, and the replacement's prior territory performed worse. That combination supports pretext; the "fresh energy" remark supports a willful violation, exposing the employer to liquidated damages.

Traps

  • Applying Title VII damages caps to §1981 or ADEA claims, which have none.
  • Confusing the motivating-factor standard (status claims) with but-for causation (retaliation).
  • Treating rude behavior as actionable harassment without severity or pervasiveness.
  • Missing the 90-day right-to-sue window.