HR Laws

Question 1

What is Discrimination?

Answer 1

Disparate Treatment
Disparate Impact

Discrimination is about the consequences, not the motivation.

Question 2

Title VII of the Civil Rights Act of 1964

Answer 2

Prohibits discrimination in employment on the basis of race, religion, color, sex or national origin
Includes hiring, firing, training, promotion, discipline, pay, conditions of employment, layoffs and benefits
Covers private and public employers with more than 15 employees.

Question 3

Regulatory Agencies

Answer 3

Equal Employment Opportunity Commission

Department of Labor

Question 4

Bona Fide Occupational Qualifications

Answer 4

An employer can legally discriminate if the employer can show that the discriminatory practice is a “business necessity” or “job related”
- Most Commonly used for gender

Question 5

Burden of Proof

Answer 5

What individuals who file suit against employers must prove in order to establish that illegal discrimination has occurred.

Question 6

A plaintiff charging discrimination…

Answer 6

Must be a protected-class member
Must prove that disparate impact or disparate treatment existed.
Once a court rules that a prima facie (preliminary) case has been made, the burden of proof shifts to the employer.

Question 7

Pregnancy Discrimination Act

Answer 7

Pregnancy discrimination involves treating a woman (an applicant or employee) unfavorably because of pregnancy, childbirth, or a medical condition related to pregnancy or childbirth.

Question 8

How should pregnancy be treated?

Answer 8

like any other medical condition – including benefits

Question 9

Americans with Disabilities Act (ADA) 1990

Answer 9

Prohibits discrimination of qualified individuals by employers on the basis of disability if the individuals can perform the essential job duties.

Applies to employers with 15 or more employees
Applies to state and local government employees regardless of number of employees.

Question 10

Disability

Answer 10

is a physical or mental impairment that substantially limits one or more major life activities

Question 11

Essential Job Functions

Answer 11

Fundamental job duties of the employment position that an individual with a disability holds or desires.

Question 12

Reasonable Accommodation

Answer 12

A modification or adjustment to a job or work environment that enables a qualified individual with a disability to have an equal employment opportunity.

Question 13

Undue Hardship

Answer 13

Significant difficulty or expense imposed on an employer in making an accommodation for individuals with disabilities.

Question 14

Examples of ADA

Answer 14

A deaf applicant may need a sign language interpreter during the job interview.
A person has an eye disorder and glare from screen causes eye fatigue. The person requests an anti-glare screen.
An employee with diabetes may need regularly scheduled breaks during the workday to eat properly and monitor blood sugar and insulin levels.
A medical technician who is deaf could not hear the buzz of a timer, which was necessary for specific laboratory tests and requested an indicator light.

Question 15

Undue Hardship? Costs

Answer 15

31% of accommodations cost nothing.

and 88% cost less than $1000

Question 16

Genetic Information Non-discrimination Act of 2008 (“GINA”)

Answer 16

Designed to prohibit the use of genetic information in health insurance and employment.
Prohibits group health plans and health insurers from denying coverage to a healthy individual or charging that person higher premiums based solely on agenetic predispositionto developing a disease in the future.
Bars employers from using individuals’ genetic information when making hiring, firing, job placement and promotion decisions.

Question 17

What is Genetic Information?

Answer 17

Information about Genetic Tests
Information about Genetic Tests of a family member
Family Medical History
Requests for and receipt of genetic services by an individual or family member
Genetic information about a fetus carried by an individual or family member.

Question 18

Sexual Harrassment

Answer 18

Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature that subjects the worker to adverse employment conditions

Question 19

Quid Pro Quo

Answer 19

conditions of employment are based on the return of sexual favors

Question 20

Hostile Environment

Answer 20

conduct that ‘‘has the purpose or effect of unreasonably interfering with an individual’sworkperformance or creating an intimidating,hostile, or offensiveworking environment

Question 21

When a complaint is filed…

Answer 21

Act immediately
Investigate and act on every complaint
Keep accurate records of the investigation
Ensure there is not retaliation against the complainant

Question 22

Landmark Ruling: Sexual Orientation

Answer 22

The Supreme Court ruling Monday, June 15, 2020
By a vote of 6-3, the court said Title VII of the Civil Rights Act of 1964, which makes it illegal for employers to discriminate because of a person’s sex, among other factors, also covers sexual orientation and transgender status.
It upheld rulings from lower courts that said sexual orientation discrimination was a form of sex discrimination.
Prior to this most states did not have protection for LGBTQ+ employees.

Question 23

Equal Pay Act

Answer 23

Prohibits sex differences in pay for substantially equal work
Exceptions: seniority, performance, quality or quantity of work, skill, effort, working conditions

Question 24

Lilly Ledbetter Fair Pay Act Jan. 2009

Answer 24

overturns the Supreme Court decision Ledbetter v. Good Year Tire & Rubber Co., extending filing deadlines for pay-bias complaints and clarifying the definition of a discriminatory employment practice.
180 day statute of limitations is re-set at every pay period.

Question 25

Age Discrimination in Employment Act

Answer 25

prohibits age discrimination against those individuals over the age of 40 years
restricts mandatory retirement
An employment policy or practice that applies to everyone, regardless of age, can be illegal if it has a negative impact on applicants or employees age 40 or olderand is not based on a reasonable factor other than age(RFOA).

Question 26

Family Medical Leave Act (1993)

Answer 26

Employees may take up to 12 weeks of leave during a year for family or employee health needs of the birth or adoption of a child.

Leave can be intermittent
Health benefits continued during the leave
Applies to employers with 50 or more employees
Benefits after 12 months or employment and can be used during any 12 month period
The same or similar position must be available upon return
Employees or employers may choose to use accrued paid leave (such as sick or vacation leave) to cover some or all of the FMLA leave.

Question 27

Affirmative Action

Answer 27

A process in which employers identify problem areas, set goals, and take positive steps to guarantee equal employment opportunities for people in a protected class

Specifies that firms doing business with the federal government must intentionally seek, hire and develop employees from protected groups that are under-represented in the organization.

Affirmative actions include training programs, outreach efforts, and other positive steps.

Affirmative action is an attempt to make-up for past discriminatory practices.

Question 28

What is the central premise underlying affirmative action?

Answer 28

A central premise underlying affirmative action is that, absent discrimination, over time a contractor’s workforce, generally, will reflect the gender, racial and ethnic profile of the labor pools from which the contractor recruits and selects.

Question 29

Uniformed Services Employment and Reemployment Rights Act of 1994

Answer 29

protects service members’ reemployment rights when returning from a period of service in the uniformed services, including those called up from the reserves or National Guard
prohibits employer discrimination based on military service or obligation.

Question 30

Fair Labor Standards Act - FLSA

Answer 30

Provides a minimum wage
Currently $7.25 federal minimum – local levels can be higher
Establishes a 40 hour work week
Prohibits child labor under 16 (for most jobs)
Non-exempt employees must be paid overtime of at least one and half times normal pay for hours over 40 hours per week
Exempt - typically salaried and executive, administrative or professional employees.
To be exempt, the employee must receive a salary at a rate not less than $684 per week ($35,568 annually) (effective 1/1/2020)
There is no limit in the Act on the number of hours employees aged 16 and older may work in any workweek.

Question 31

Employment at Will

Answer 31

A legal doctrine stating that unless there is an employment contract, both employer and employee are free to end the employment relationship whenever and for whatever reason they choose.
However unfair, for it to be the illegal act of wrongful termination, an employer must violate a specific state or federal law, regulation or constitutional provision.