Flashcards in Employment Law Deck (57):
Equal opportunity employment laws are designed to amend social problems and shield a group in our society called the _________ classes.
The individuals in the protected classes are made up of women, minority races, older persons and those with disabilities.
The _________ Act of 1963 prohibits discrimination in wages, benefits and pensions based on a worker's gender.
When two workers of different genders are doing a job that requires basically the same skills, effort and ______________, then this is considered as equal work and both workers must be paid at the same rate.
Skills, effort, and responsibility are the criteria used to determine if work is equal.
_________ systems, merit and incentive pay plans do not breach the Equal Pay Act unless they are based on a workers gender or operate to discriminate against a particular gender.
It is entirely reasonable to operate a compensation scale based on a seniority system and hence it is a permitted exception under the Act.
Title ___ of the Civil Rights Act of 1964 outlaws discriminatory practices in all aspects of employment including hiring, training, pay, promotion, employee benefits and all other conditions of employment.
Title VII of the Civil Rights Act of 1964 specifically outlaws discriminatory practices in employment.
According to Title VII of the Civil Rights Act, discrimination based on race, color, ________, gender or national origin is prohibited.
The Civil Rights Act (1964) does allow employers to promote a man over a woman if the decision was based on the mans better ______________.
The Act does not require employers to hire or promote individuals who are not qualified for the job.
The Civil Rights Act (1964) covers the majority of organizations but government-owned corporations, bona-fide tax-exempt clubs, religious organizations that want to hire only employees of their faith and companies hiring Native Americans on or close to reservations are all __________ to the rule.
One of the legitimate defenses to a charge of discrimination in employment preferences as enshrined in the Civil Rights Act (1964) is the _________ occupational qualification (BFOQ).
The BFOQ allows discrimination where employment preferences are reasonably necessary for the normal operation of the business. For example, it is reasonable to want to hire male models for a male clothing photo shoot.
As religious-based discrimination is illegal under Title VII of the ____________ Act, managers must make reasonable allowances for an employee's appearance, as well as scheduling time-off for religious events.
Employers must make a reasonable allowance for the appearance of an employee in the practice of his or her religion. Therefore, veils, turbans and beards should be permissible at the place of employment.
The organization that is empowered by the Civil Rights Act (1964) to __________ the legislation and promote equal opportunity is the Equal Employment Opportunity Commission.
The Equal Employment Opportunity Commission (EEOC) is the body created by the Civil Rights Act for this task.
The Age Discrimination in Employment Act (ADEA) makes it illegal to discriminate against workers, in any aspect of employment, who are over the age of _____.
Employers covered by the _____ are those with more than 20 employees, unions with 25 or more members, employment agencies as well as federal, state and local governments.
Unions are covered by the Age Discrimination in Employment Act (ADEA) as well because the opportunity to discriminate based on age also exists in the unions.
A legitimate exception to the ADEA will be the application of the ____ where an employer can demonstrate that age may affect public safety or organizational efficiency.
If the employer can prove that there is a genuine public safety risk, then age can be legitimate justification for discrimination.
The Equal Employment Opportunity Act of 1972 (EEOA) ________ the coverage of the Civil Rights Act (1964) to include state and local governments as well as public and private educational institutions.
Educational institutions were included as it was felt that there was a gap in the coverage of the antidiscrimination legislation.
The EEOA also increased the powers of the EEOC enabling them to sue employers into ___________ of the provisions of the Act.
This was introduced to ensure that errant employers were punished and the rules applied. Nowadays, regional enforcement centers handle these matters.
In 1978, the Civil Rights Act (1964) was amended by the _________ Discrimination Act.
Employers were forcing pregnant women to resign or take a sabbatical if they became pregnant and so this Act prohibits discrimination on the basis of pregnancy.
The Americans with Disabilities Act of 1990 (ADA) was passed to protect individuals with chronic illness, physical or ______ disabilities from discrimination by employers.
This is one of the protected classes of individuals within this legislation.
The legal definition of the term disability is ambiguous and so has caused confusion amongst managers but the 2002 case of Toyota v. Williams ruled that if a physical or mental impairment was ________, then it was not a disability .
The Court determined that mere diagnosis of the impairment was insufficient for coverage under the ADA.
The employer must make __________ accommodation for qualified, disabled employees unless to do so will cause them undue hardship.
This refers to unusual modifications or particularly expensive ones that would unduly burden the employer.
The ADA applies to employers with more than __ employees and integrates the remedies found in Title VII of the Civil Rights Act for injunctive relief, initial employment, reinstatement and back pay against the employer.
Back pay is one of the remedies available to employees if they have been discriminated against. So, they will be recompensed for the amount of pay they lost from the time they were inappropriately dismissed.
The Civil Rights Act of 1991 amends Title VII of the Civil Rights Act 1964, with one of the main changes being the award of damages for deliberate discrimination or illegal __________.
Employees can claim compensatory or punitive damages for deliberate or intentional discrimination. This is meant to deter employers from thinking they can get away lightly.
Employees who are sent ______ to work are protected from discrimination based on age and disability as well as the anti-discriminatory legislation in Title VII of the Civil Rights Act 1964.
The Vocational Rehabilitation Act (1973) covers employees afflicted with ____, so that they cannot be discriminated against because of their illness.
AIDS is classified as a disability within the meaning of the Vocational Rehabilitation Act and so sufferers of this disease are a protected class.
The Vocational Rehabilitation Act does not require employers to hire or retain a disabled employee if he or she has a __________ disease.
Any employee with such a disease could pose a health and safety threat to fellow employees and customers.
As the main antidiscrimination laws do not include federal agencies, protection has instead been afforded via _________ Order 11246.
Federal agencies and government contractors with contracts exceeding $10,000 must comply with this order which disallows discrimination based on race, color, religion, national origin and gender in employment matters.
The two types of sexual harassment that are unlawful under Title VII of the Civil Rights Act 1964 are quid pro quo harassment and _______ environment.
Hostile environment describes harassment where unwelcome sexual conduct affects the job performance of the victim or creates an unpleasant and offensive working environment.
____________ sexual harassment occurs when the agreement or refusal of sexual advances forms the basis for employment decisions.
Quid pro quo
Quid pro quo sexual harassment and is clearly illegal under the Act.
The __________ Standards Act (1938) legislates on wages and overtime payments, child labor and equal rights.
This was to stop the use of child labor aged 16 to 18 in dangerous occupations such as mining and logging.
One of the types of sexual harassment is quid pro quo--a superior threatens an employee with the loss of a job benefit or a change in work conditions unless he/she submits to the superior's ______ demands.
This is called quid pro quo, which means "this for that." Quid pro quo harassment can include a woman being fired because she ends a romantic relationship with her boss, an employee being denied a promotion for refusing sexual relations with a superior, etc..
Hostile Environment sexual harassment is where unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature create an intimidating, hostile, or offensive _______ environment.
The EEOC (Equal Employment Opportunity Commission) has issued guidelines on sexual harassment, and holds employers strictly liable for both types of harassment when higher-level managers knew about it and did not take corrective action.
To win a sexual harassment case, a plaintiff does not need to prove that job performance was impaired. He only needs to prove that working conditions were altered in a discriminatory way. This was established as a result of ______ v. Forklift Systems, Inc..
Harris v. Forklift Systems, Inc. established that work environment sexual harassment is proven according to a "reasonableness" standard. Harassment does not need to be severe enough to cause psychological injury, just reasonably perceivable as hostile or abusive.
Any action that may not be intended to be discriminatory, but has a discriminatory result is called the _________ effect.
Title VII of the Civil Rights Act does not only ban practices of overt discrimination. Under the _________ treatment scenario, the plaintiff's argument is that the employer treats some people less favorably than others because of their race, color, religion, sex, or national origin.
The Disparate Treatment scenario is where an individual claims discrimination occurred, although discriminatory motives are not immediately obvious. The plaintiff must prove that there was discriminatory intent.
Disparate treatment is one of the scenarios for non-overt discrimination. Under the _______ Impact, also called Disparate Impact, scenario, the plaintiff argues that an employer's practice which seems neutral is actually harmful to a group covered under Title VII.
The Adverse Impact, or Disparate Impact, scenario is where a plaintiff argues that an employer's practice--i.e. tests, weight requirements, etc.--has an unequal negative impact on one of the groups covered by Title VII.
In addition to Disparate Treatment and Adverse Impact scenarios in discrimination suits, discrimination may also be inferred through a pervasive _______ or practice of discrimination.
A pervasive pattern or practice of discrimination can be inferred through statistics. An examples is if a certain group covered under Title VII makes up a majority of the local labor market, but only a small percentage of the defendant employer's workforce consists of that group.
In 1978 the EEOC issued the Uniform Guidelines on Employment Selection Procedures which provided the ___________ rule as evidence of disparate impact.
The EEOC devised a test called the four-fifths rule (also known as the 80 percent rule) to determine whether or not an employment examination is discriminatory. Under this rule, a selection rate for protected classes that is less than four-fifths, or 80 percent, of the rate for the group with the highest rate will generally be regarded as evidence of disparate impact.
Acme Office Machines is opening a new factory and administers an employment test to 100 majority applicants (white males) and 50 pass the test and are hired. Under the four-fifths rule, if 100 minority applicants take the same test, how many of the minority applicants must pass and be hired for Acme to avoid charges of discrimination by the EEOC?
The answer is 40 because 80 percent of 50 equals 40. (50 X .8) = 40
The Consolidated Omnibus Budget Reconciliation Act of 1986 (COBRA) requires that employers must offer to employees, their spouses and dependents whose employment has been terminated ______ coverage for a period of between 18 and 36 months at the same price the employers would have to pay.
This is to ensure that employees and their families continue to enjoy health care at a reduced cost, even if they are paying it themselves, until the employee finds new employment.
The Family and Medical Leave Act of 1993 mandates that employers with more than 50 employees must offer their employee up to 12 weeks of ______ leave in a 12 month period for the birth and care of a child, adoption or foster placement of a child, care of an immediate family member or severe health condition of the employee.
These are the provisions of the Family and Medical Leave Act (FMLA).
The _____________ Benefit Protection Act of 1990 prohibits age-based discrimination with respect to the application of early retirement and other benefit plans.
The Older Workers Benefit Protection Act (OWBPA) prohibits such age-based discrimination.
Private pension plans are federally regulated by _____.
ERISA (Employee Retirement Income Security Act) is the Act that regulates private pension plans through set standards and controls. However, it does not mandate that employers provide a pension plan.
According to the rules in ERISA, after employees meet a specific minimum number of years of service, their pension plans must provide them with vested rights in their _______ benefits.
This ensures that employees, regardless of their employment status at the time of retirement, are guaranteed the accrued benefits. The exception is where the benefit amount is small and so the employer can pay out the vested benefits when the employee leaves.
ERISA (Employee Retirement Income Security Act) is administered by the IRS, the Department of Labor and the Pension Benefit ________ Corporation (PBGC).
The role of the PBGC is to ensure that the minimum guaranteed benefits are paid to employees when the plan is terminated. The PBGC is funded by employers.
The Occupational Safety and Health Act (OSHA) applies to all employers and employees except the _______ government, the state, or political subdivision of the state.
Each federal agency is required to set up and observe a health and safety program which is monitored by the Occupational Safety and Health (OSH) Administration.
The OSH Administration develops and ________ the required health and safety standards.
The OSH Administration is empowered through the OSHA to carry out enforcement activities.
The OSHA compliance officer has the power to enter--without _____--a workplace, at a reasonable time and in a reasonable fashion to carry out an inspection and investigation of any item or environmental condition that impacts on the workplace.
The employer or his agents are not entitled to delay a compliance officer. This is to allay any concerns of a cover up by the employer.
The Workers Adjustment Retraining and Notification Act (WARN) of 1989 mandates the employers with more than ___ employees need to give notice to the workers and community if more than 50 employees will be affected by retrenchment or plant closure.
It would be harder for smaller companies to be sufficiently organized to issue the warning and the number of workers impacted in a retrenchment or plant closure at a smaller company would be fewer.
In 1988, Congress passed the Workers Adjustment Retraining and ____________ Act (WARN) in response to the sudden dismissal of employees without sufficient notice coupled with company shutdowns.
It is stated within this law that companies with more than 100 employees must give 60 days advance notice of layoffs and plant closings to full time staff, unions, and state and local government.
The two main exceptions to WARN are _________ business and unforeseeable circumstances.
Unforeseeable circumstances is one of the exceptions mandated by WARN and are designed to protect businesses if there were genuine circumstances that could not have been predicted that resulted in the closure or lay-offs.
The first federal law that dealt with labor relations was the _______ Labor Act (1926), which was designed to ensure timely railway operations with minimal dispute between the union and the railway board.
The ____________ Act (1932) placed tight restrictions on the ability of employers to obtain an injunction to stop unions from peaceful striking, boycotting or picketing
The Act was designed to encourage good labor relations through collective bargaining and effective management.
The most important Act regarding labor relations is the ______ Act (1935), also known as the NLRA.
The Wagner Act, also known as the National Labor Relations Act (NLRA), had a huge impact on labor-management relations and protected unionization and collective bargaining.
The five unfair labor practices laid down in the NLRA cover practices--made both by the employer and the _____--that prevent employees from enjoying the rights and benefits of federal labor law.
Unions can similarly deny workers their labor law rights. For example, discriminatory practices to persuade or dissuade employees from joining the union.
The ________ Act (1947) defined unfair union practices and balanced the power between management and unions.
Taft-Hartley is also known as the Labor-Management Relations Act.
The __________ Act of 1959 was passed to protect union members from racketeering and other nasty practices by employers and union officials; in addition, it also required unions to submit annual financial reports for examination by the Secretary of Labor.
This type of activity was becoming popular, so to stem it Congress passed the Landrum-Griffin Act of 1959, to reduce the amount of bribery, extortion etc that was occurring.