Chapter 14 Critical Legal Question Flashcards
(31 cards)
Under common law, what were employers free to do?
hire or not hire anyone he wanted
List 5 major Federal anti-discrimination laws:
(1) The Equal Pay Act of 1963
(2) The Civil Rights Act of 1964
(3) THe Pregnancy Discrimination Act of 1978
(4) The Age Discrimination in Employment Act of 1967 and 1975
(5) The Americans with Disabilities Act of 1990
What duty do anti-discrimination laws impose upon employers?
a duty of nondiscrimination
What is the modern restriction on the common law right to hire anybody for any reason?
intrusion of government into private enterprise
What four parts of the Constitution make discrimination illegal?
(1) the 5th amendment
(2) the 14th amendment
(3) the Commerce Clause
(4) the 13th amendment
What “simple problem” did the Equal Pay Act mean to address?
women not being paid as much as men for the same work
In general, what did the Equal Pay Act say?
the employer cannot pay men and women of the same seniority different amounts for the same work
What Federal agency is charged with enforcing the Equal Pay Act?
The Equal Employment Opportunity Commission
What 3 ways can the Act be enforced?
(1) can sue on behalf of those discriminated against
(2) request injunctions
(3) private individuals can bring suits of their own
What court decision represented a high point as the civil-rights movement gained momentum?
Brown v. Board of Education of Topeka, Kansas
When did the Brown v. Board of Education of Topeka case take place?
1954
What did the Civil Rights Act of 1964 end?
apartheid in America (removed legal foundation against different races)
What does the Civil Rights Act prohibit?
employers from discrimination of hiring, terminating, compensation, terms, conditions, and privileges of employment
To what 5 classes of people does the Civil Rights Act affect?
race, color, religion, sex, or national origin
How did Congress amend the Civil Rights Act in 1978?
by the Pregnancy Discrimination Act
What does the Civil Rights act of 1978 provide?
protection to women who are pregnant or give birth
What did the equal Employment Opportunity Commission add to its guidelines in 1980?
prohibitions against sexual harassment
What does sexual harassment include?
demanding sexual favors in return for hiring promotion or retention, creating an atmosphere of sexual suggestion affecting job performance
What must employers adopt for dealing with sexual harassment?
specific policies and consequences for dealing with those with sexual harassment
Does the Civil Rights Act of 1964 protect person s on the basis of “sexual preference” or transsexuality (sexual minorities)?
No
Does the Civil Rights Act of 1964 require that employers guarantee every employee religious freedom?
NOPE, BUT: employers should reasonably accommodate an employee’s religious observance or practice
What must employers provide regarding their employees religious beliefs?
understanding of employee’s religious beliefs
Who is covered by the Civil Rights Act of 1964?
any employer engaged in an industy affecting interstate commerce and has 15 or more employees.
Who does the Civil RIghts Act of 1964 no apply to?
indian tribes or religious institutions or religious schools and colleges with respect to hiring people for performance of religious activities or for employment with such educational establishments
