Chapter 3 - Providing Equal Employment Opportunity and a Safe Workplace

Question 1

Equal Employment Opportunity (EEO)

Answer 1

condition in which all individuals have an equal chance for employment, regardless of their race, color, religion, sex, age, disability or national origin

Question 2

13th amendment

Answer 2

abolished slavery

Question 3

14th amendment

Answer 3

• forbids states from taking life, liberty, or property without due process of law
• prevents states from denying equal protection of discrimination

Question 4

Civil Rights Act of 1866

Answer 4

granted all persons same property rights as white citizens

Question 5

Civil Rights Act of 1871

Answer 5

granted all citizens right to sue in federal court if they feel they have been deprived of some civil right

Question 6

Equal Pay Act of 1963

Answer 6

men and women in an organization doing the same work must be paid equally

Question 7

Title VII Civil Rights Act of 1964

Answer 7

• prohibits employers from discriminating based on:
  
  • > race, color, religion, sex, national origin
• applies to organization that employ 15 or more

Question 8

Age Discrimination in Employment Act (ADEA)

Answer 8

prohibits discrimination against workers who are over the age of 40

Question 9

Vocational Rehabilitation Act of 1973

Answer 9

• covered organizations must engage in affirmative action for individuals with disabilities
• employers are encouraged to recruit qualified individuals with disabilities and make reasonable accommodations to them

Question 10

Vietnam Era Veteran’s Readjustment Act of 1974

Answer 10

• requires federal contractors and subcontractors to take affirmative action toward employing Vietnam War veterans
• covers veterans who served between Aug. 5th, 1964 and May 7th, 1975

Question 11

Pregnancy Discrimination Act of 1978

Answer 11

• defines discrimination on the basis of pregnancy, childbirth, or related form of medical condition to be a form of illegal sex discrimination
• benefits, including health insurance, should cover pregnancy and related medical conditions same as others

Question 12

Americans with Disabilities Act of 1990 (ADA)

Answer 12

• protects individuals with disabilities from being discriminated against in the workplace
• prohibits discrimination based on disability in all employment practices
• employers must take steps to accommodate individuals covered

Question 13

Compensatory Damages

Answer 13

being compensated for something you lost

Question 14

Punitive damages

Answer 14

intended to punish

Question 15

Civil Rights Act of 1991

Answer 15

• adds compensatory and punitive damages in cases of discrimination under Title VII and ADA
• amount of punitive damages is limited by the act and depends on size of organization charged

Question 16

Uniformed Services Rights Act

Answer 16

• employers must reemploy workers who left jobs to fulfill military duties for up to five years
• should be in the job they would have held if they had not left to serve in military

Question 17

Genetic Information Nondiscrimination Act of 2008 (GINA)

Answer 17

• employers may not use genetic information in making decision related to terms, conditions, or privileges of employment
• includes a person’s genetic tests, genetic test of person’s family, and family medical histories
• forbids unintentional collection of this data
• forbids harassment of employee because of genetic information

Question 18

Executive Order 11246

Answer 18

• prohibits federal contractors/subcontractors from discriminating based on race, color, religion, sex, or national origin
• employers whose contracts meet minimum size requirements must engage in affirmative action

Question 19

Executive Order 11478

Answer 19

• requires federal government to base all its employment decisions on merit and fitness
• also covers organizations doing at least $10,000 worth of business with federal government

Question 20

EEOC complaints…

Answer 20

• must be filed within 180 days of incident

- 60 days to investigate complaint

Question 21

Office of Federal Contract Compliance Procedures (OFCCP)

Answer 21

• responsible for enforcing executive orders that cover companies doing business with feds
• audits government contractors to ensure they are actively pursuing goals in their affirmative action plans

Question 22

3 steps of affirmative action

Answer 22

1. Utilization Analysis - comparing your workforce to the population of the area in which you recruit to determine full utilization
2. Goals and Timetables
3. Action

Question 23

Disparate Treatment

Answer 23

differing treatment of individuals based on the individuals’ race, color, religion, sex, national origin, age, or disability status

Question 24

Bona Fide Occupational Qualification (BFOQ)

Answer 24

• necessary qualification for performing a job

- Supreme Court has ruled that BFOQ’s are limited to policies directly related to a worker’s ability to do the job

Question 25

Disparate Impact

Answer 25

condition in which employment practices are seemingly neutral yet disproportionately exclude a protected group from employment opportunities

Question 26

Four-Fifths Rule

Answer 26

rule of thumb that finds evidence of discrimination if an organization's hiring rate for a minority group is less than four-fifths the hiring rate for the majority group

Question 27

Reasonable Accommodation

Answer 27

employer's obligation to do something to enable an otherwise qualified person to perform a job

Question 28

Undue hardship

Answer 28

when a company cannot accommodate a disability because it will be too much of an expense to the company to be reasonable

Question 29

Types of Sexual Harassment

Answer 29

- Quid Pro Quo: if you do this for me, I'll do this for you - Creating a hostile work environment: make it difficult for a person to work at a company... - > making inappropriate jokes - > sending inappropriate pictures of oneself

Question 30

Organizations prevent sexual harassment by...

Answer 30

- developing and communicating a policy that defines and forbids it - training employees to recognize and avoid this behavior - providing a means for employees to complain and be protected

Question 31

Occupational Safety and Health Act (OSHA)

Answer 31

- authorizes feds to establish occupational safety and health standards for all places of employment engaging in interstate commerce - responsible for... - > inspecting employers - > applying safety and health standards - > levying fines for violation

Question 32

OSHA General Duty Clause

Answer 32

each employer has a general duty to furnish each employee a place of employment free from recognized hazards that cause or are likely to cause death/serious physical harm

Question 33

OSHA Specific Duties

Answer 33

- employers must keep records of work-related injuries and illnesses - employers must post an annual summary of these records from Feb. 1st to April 30th in the following year

Question 34

Employee Rights under OSHA

Answer 34

1. Request an inspection 2. Have a representative present at an inspection 3. Have dangerous substances identified 4. Be promptly informed about exposure to hazards and be given access to accurate records regarding exposure 5. Have employer violations posted at work site

Question 35

Enforcement of OSHA

Answer 35

- OSHA responsible for inspecting businesses, applying safety and health standards, and levying fines for violations - OSHA regulations prohibit notifying employers of inspections in advance

Question 36

Job Hazard Analysis Technique

Answer 36

safety promotion technique that involves breaking down a job into basic elements, then rating each element for its potential for harm or injury

Question 37

Technic of Operations Review (TOR)

Answer 37

method of promoting safety by determining which specific element of a job led to a past accident

Question 38

Reinforcing Safe Practices

Answer 38

- implementing a safety incentive program to reward workers for their support of and commitment to safety goals - start by focusing on monthly or quarterly goals - encourage suggestions

Question 39

Promoting Safety Internationally

Answer 39

- cultural differences make this difficult - laws, enforcement practices, and political climates vary from country to country - companies may operate in countries where labor standards are far less strict than in the US