Ch29 Employee's Rights Flashcards Preview

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Flashcards in Ch29 Employee's Rights Deck (86):
0

The act applies to employers who have fifteen or more employees who affect interstate commerce, or labor unions with fifteen or more members.

Civil Rights Act of 1964

1

It only applies to Congress in terms of U.S. government.

Civil Rights Act of 1964

3

The act makes it unlawful employment practice for an employer to fail to hire, discharge, or discriminate because of the individual’s race, color, religion, sex, or national origin.

Civil Rights Act of 1964

4

Discrimination is claimed on either of two theories: disparate treatment/impact.

Civil Rights Act of 1964

5

Intentional discrimination against a particular individual.

Disparate treatment

6

The plaintiff must show: 1. They belong to one of the protected classes, and 2. They were qualified for the job or performed their job well.

Disparate treatment

7

The plaintiff must show: 3. They suffered an adverse employment action, AND 4. A person not in the protected class got the job or did not suffer the adverse action.

Disparate treatment

8

Fair policy disproportionately affecting protected class.

Disparate treatment

9

Employee must show an action taken by the employer which appears fair, negatively and disproportionately affected a protected class of employers.

Disparate treatment

10

Title VII protects an employee on the basis of sex against an employer who engages in or allows unwelcome sexual advances, creating a hostile work environment.

Sexual harassment

11

An alleged victim of sexual harassment must show the environment was one which an objectively reasonable person would find abusive.

Sexual harassment

12

Additionally, the victim must show the environment was abusive.

Sexual harassment

13

If these two requirements are met, the environment alone is actionable.

Sexual harassment

14

Act requires employers pay men and women equally for equal work.

Equal Pay Act

15

To be equal work, the jobs must be performed under similar working conditions and require equivalent skill, effort, responsibility.

Equal Pay Act

16

Equal Pay Act: An employer is not required to pay equally if the basis of payments are:

A seniority system

17

Equal Pay Act: An employer is not required to pay equally if the basis of payments are:

A merit system

18

Equal Pay Act: An employer is not required to pay equally if the basis of payments are:

Quantity or quality production

19

Equal Pay Act: An employer is not required to pay equally if the basis of payments are:

A differential resulting from any factor other than sex.

20

This statute prohibits arbitrary age discrimination by employment agencies, employers, or labor unions against people aged forty and above.

Age Discrimination in Employment Act

21

This does not prohibit consideration of age when employing, but discrimination

Age Discrimination in Employment Act

22

Prohibits discrimination against qualified individuals with disabilities.

Americans with Disabilities Act

23

Americans with Disabilities Act: A physical or mental impairment.

A disability requires two elements

24

Americans with Disabilities Act: A substantial limitation of one or more major life activities.

A disability requires two elements

25

Lie detector test

Polygraph Testing

26

Used to determine whether certain employees had violated workplace rules and to screen applicants for employment.

Polygraph Testing

27

Employer may not use test results as the basis of the employment decision adverse to an employee who took such a test.

Polygraph Testing

28

The employer is investigating a specific incident of economic loss, such as theft or industrial espionage or sabotage.

Private employers may not use polygraph tests unless

29

The employer provides security services.

Private employers may not use polygraph tests unless

30

The employer manufactures, distributes, or dispenses drugs.

Private employers may not use polygraph tests unless

31

Courts have determined a blood test to be a search and seizure, a direct violation of the fourth amendment.

AIDS Testing

32

To determine whether a search is reasonable, the courts will weigh the intrusion of the procedure with the interests said to justify the intrusion.

AIDS Testing

33

The U.S. Supreme Court has recognized three government interests which justify random drug testing.

Drug Testing

34

Maintaining the integrity of employees in their essential mission

Government interests of random drug testing

35

Promoting public safety

Government interests of random drug testing

36

Protecting sensitive information

Government interests of random drug testing

37

Employers are free to terminate at-will employees who refuse drug tests.

Drug Testing

38

Employers might require it of employees for to make employment decisions to exclude people with a genetic “defect”–a greater risk for certain diseases.

DNA Testing

39

Employers might require it of employees for identification purposes.

DNA Testing

40

Employers should ascertain their legal rights before using DNA tests in making hiring, promotion, or salary decisions.

DNA Testing

41

Courts have upheld the legality of requiring DNA samples from criminals.

DNA Testing

42

This law allows an employee to take an unpaid leave up to twelve workweeks in a twelve-month period Because of the birth, adoption, or foster care of the employee’s child.

Family and Medical Leave

43

This law allows an employee to take an unpaid leave up to twelve workweeks in a twelve-month period to care for the employee’s spouse, child, or parent with a serious health condition.

Family and Medical Leave

44

This law allows an employee to take an unpaid leave up to twelve workweeks in a twelve-month period because of a serious health condition that makes the employee unable to perform the job.

Family and Medical Leave

45

This law allows an employee to take an unpaid leave up to twelve workweeks in a twelve-month period because of an emergency from an employee’s spouse, child, or parent who is a military member on active duty.

Family and Medical Leave

46

An employee may also take up to 26 weeks of a leave in a twelve-month period to care for certain service members with a serious injury or illness.

Family and Medical Leave

47

A business which employs 100 or more employees must give a sixty days’ written notice of plant closing resulting in an “employment loss” for fifty or more employees.

Plant Closing Notification

48

Notice must also be given for a mass layoff which occurs during a thirty-day period for thirty-three percent of the full-time employees.

Plant Closing Notification

49

Notice must also be given for a mass layoff which occurs during a thirty-day period for at least 500 full-time employees

Plant Closing Notification

50

The right of employees to be protected from secondhand smoking is protected by state laws and restrictions for the workplace.

Smoking

51

Other Sources of Rights: Many other rights available to employers and employees under federal statute, including:

Rehabilitation Act

52

Other Sources of Rights: Many other rights available to employers and employees under federal statute, including:

Pregnancy Discrimination Act

53

Crossword Question: This also prohibits ____________ due to pregnancy, childbirth, or related conditions.

Discrimination

54

Crossword Question: This Act requires that employers pay men and women equally for equal work.

Equal Pay Act

55

Crossword Question: This testing is used and courts have upheld this use of testing for employees in order to promote safety.

Drug

56

Crossword Question: This happens only when a protected class is sexually harassed and that alters the terms or conditions of employment, creating an abusive work environment.

Hostile Work Environment

57

Crossword Question: This Act protects people aged forty and over from being targeted to be fired or failing to hire based solely on their age...

Age Discrimination

58

Crossword Question: FMLA only applies to employers who have over this many employees for twenty weeks during the year.

Fifty

59

Crossword Question: Women are in this.

Protected Class

60

Crossword Question: A person who has a history of an impairment that limits a major life activity...is eligible for the benefits of _____.

ADA

61

Crossword Question: This is the intentional discrimination against a particular individual.

Disparate Treatment

62

Crossword Question: This agency hears complaints alleging violations of Title VII and other laws.

EEOC

63

Crossword Question: These laws protect employees from discrimination on a number of grounds like the Equal Pay Act.

Federal

64

Crossword Question: This testing can only be used for two reasons; one of which is for identification purposes.

DNA

65

Crossword Question: The use of this testing is prohibited with private employers unless specific criteria is met.

Polygraph

66

Crossword Question: This law allows an employee to take unpaid leave of up to twelve work weeks in a 12 month period for several stated reasons.

FMLA

67

Crossword Question: Plaintiffs make a case by showing direct evidence of discrimination or by showing this many essential elements.

Four

68

Cengage Learning: Fair policy Disproportionately affecting protected class

Disparate Impact

69

Cengage Learning: Intentional discrimination against a particular individual

Disparate Treatment

70

Cengage Learning: Alteration of terms or conditions of employment by harassment

Hostile Work Environment

71

Cengage Learning: Lie detector

Polygraph

72

Cengage Learning: Group protected by antidiscrimination laws

Protected Class

73

1. All federal laws apply to all employees.

False

74

2. Title 18 of the Civil Rights Act of 1948 applies to employers and labor unions.

False

75

3. In a discrimination case, a short person could recover if she was discriminated against because of her height while interviewing for a department store sales clerk position.

False

76

4. Title VII provides protection from unwelcome sexual advances that create a hostile work environment.

True

77

5. For safety reasons, the courts have allowed companies to perform random drug testing.

True

78

6. The Equal Pay Act prohibits employers from discriminating on the basis of sex by paying female employees at a rate less than the rate at which male employees are paid for equal work.

True

79

7. ADA stands for Americans with Dysfunctional Aptitudes.

False

80

8. Restrictive smoking legislation is uniform around the country.

False

81

9. The ADA requires employers to provide reasonable accommodation for employees who use illegal drugs.

False

82

10. A lie detector device is called a ________.

Polygraph

83

11. The Age Discrimination in Employment Act prohibits arbitrary age discrimination by employment agencies, employers, and labor unions against persons aged ________ or above.

40

84

12. What would not be considered a major life activity for ADA purposes?

Swimming

85

13. The Family and Medical Leave Act does not allow an employee to take an unpaid leave of absence for:

a child's state soccer tournament.

86

14. Select the correct answer

Employer is a government agency that makes nuclear weapons. In this case, Employer may require employees who make the weapons to take reasonable drug tests.