Brainscape's Knowledge GenomeTM


Top Flashcards (Certified)
All Flashcards

Human Resources > Legal Concerns In HR > Flashcards

Legal Concerns In HR Flashcards

(91 cards)

Start Studying
1
Q

The condition in which all individuals have an equal chance for employment, regardless of their race, color, religion, sec, age (kind of), disability, or national origin

A

Equal employment opportunity (EEO)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Government’s efforts to achieve EEO include: (4)

A

Constitutional amendments
Legislation
Executive orders
Court rulings (ultimate interpretation)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Abolished slavery
Covers all individuals
Enforced by courts

A

13th amendment

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Equal employment opportunity (EEO)

A

The condition in which all individuals have an equal chance for employment, regardless of their race, color, religion, sec, age (kind of), disability, or national origin

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Provided equal protection for all citizens and requires due process in state action
Covers state actions (e.g., decisions of government organizations)
Enforced by courts

A

Fourteenth Amendment

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Grants all citizens the right to make, perform, modify, and terminate contracts and enjoy all benefits, terms, and conditions of the contractual relationship
Covers all individuals
Enforced by court system

A

Civil rights acts (CRAs) of 1866 and 1871

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Requires that men and women performing equal jobs receive equal pay
Covers employers engaged in interstate commerce
Enforced by EEOC

A

Equal Pay Act of 1963

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Forbids discrimination based on race, color, religion, sex, or national origin
Covers employers with 15 or more employees working 20 or more weeks per year; labor unions; and employment agencies
Enforced by the EEOC

A

Title VII of CRA

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Prohibits discrimination in employment against individuals 40 years of age or older
Covers employers with 15 or more employees working 20 or more weeks let hear; labor unions; employment agencies; federal government
Enforced by EEOC

A

Age discrimination in employment act of 1967

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Require affirmative action in the employment of individuals with disabilities
Covers government agencies; federal contractors and subcontractors with contracts greater than $2500
Enforced by OFCCP

A

Rehabilitation act of 1973

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Treats discrimination based on pregnancy-related conditions as illegal sex discrimination
Covers all employees covered by Title VII
Enforced the EEOC

A

Pregnancy discrimination act of 1978

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Prohibits discrimination against individuals with disabilities
Covers employers with more than 15 employees
Enforced by EEOC

A

Americans with Disabilities Act of 1990

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Requires affirmative action in hiring women and minorities
Covers federal contractors and subcontractors with contracts greater than $10000
Enforced by OFCCP

A

Executive Order 11246

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q 
Prohibits discrimination (same as Title VII)
Covers same as Title VII, plus applies section 1981 to employment discrimination cases
Enforced by EEOC
A

Civil rights act of 1991

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Prohibits discrimination because of genetic information
Covers employers with 15 or more employees
Enforced by EEOC

A

Genetic Information Nondiscrimination Act of 2008

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Allows employees to claim discriminatory compensation within a set time after receiving a discriminatory paycheck
Covers employers covered by the Title VII of CRA, Age Discrimination in Employment Act, and Americans with Disabilities Act
Enforced by EEOC

A

Lilly Ledbetter Fair Pay Act of 2009

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Forbids states from taking life, liberty, or property without due process
Equal protection of the laws
Applies only to government groups/private groups with government ties

A

Fourteenth Amendment

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

Men and women doing equal work in an organization must be paid the same
Equal in terms of skills, effort, responsibility, and working conditions

A

Equal Pay Act of 1963

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

When are pay differences allowed?

A

If different seniority, merit, quality, quantity, etc.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

Title VII of CRA 1964 prohibits employers from discriminating based on: (5)

A 
Race
Color
Religion
Sex
National origin
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

Who does the CRA of 1964 apply to

A

Organizations that employ 15 or more employees

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

What prevents employers from retaliating against “opposing” employees

A

Civil rights act of 1964

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

Organizations (with govt connections) must engage in affirmative action for individuals with disabilities and to make reasonable accommodations for them

A

Vocational rehabilitation act (1973)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

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 as any other medical condition

A

Pregnancy Discrimination Act (1978)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Civil Rights Act (CRA) of 1871
Granted all citizens the right to sue if they feel they have been deprived of some civil right
26
Americans with disabilities act (ADA) of 1990
Prohibits discrimination based on disability in all employment practices
27
Federal contractors and subcontractors must take affirmative action toward employing veterans of the Vietnam War (9/5/64 to 5/7/75)
Vietnam Era Veteran's Readjustment Act
29
Pregnancy Discrimination Act (1978)
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 as any other medical condition
32
Prohibits discrimination based on disability in all employment practices
Americans with disabilities act (ADA) of 1990
33
Physical or mental impairment that substantially limits one or more major life activities, a record of, or being regarded as having such an impairment Mental disorders are covered
Disability
34
Employers must take steps to make reasonable accommodations for individuals covered by the act as long as (3)
It is not economically prohibitive (undue hardship) It does not interfere with core job tasks It does not put the public at risk
35
Amends CRA 1964 by adding compensatory and punitive damages in cases of discrimination under Title VII and the ADA.
Civil rights act of 1991
37
Equitable relief
Legal costs and lost wages/benefits
38
Compensatory/punitive damages
Punishment, fine
40
When are compensatory/punitive damages allowed
When discrimination was intentional or reckless
41
Employer size vs. damage limit
15-100 $50,000 101-200 $100,000 201-500 $200,000 500+ $300,000
42
Prohibits use of genetic information in making decision related to the terms, conditions, or privileges of employment Forbids unintentional collection and harassment of employee because of genetic information
Genetic Information Nondiscrimination Act of 2008 (GINA)
43
Genetic Information includes
A person's genetic tests, genetic test of the person's family members, and family medial histories
44
Genetic Information Nondiscrimination Act of 2008 (GINA)
Prohibits use of genetic information in making decision related to the terms, conditions, or privileges of employment Forbids unintentional collection and harassment of employee because of genetic information
45
Complaints to the EEOC must be filed within how many days
Within 180 days of the incident
46
How many days does the EEOC have to investigate a complaint
60 days
47
After the EEOC has performed an investigation, who makes decisions about what will happen next?
The courts
48
Disability
Physical or mental impairment that substantially limits one or more major life activities, a record of, or being regarded as having such an impairment Mental disorders are covered
49
Civil rights act of 1991
Amends CRA 1964 by adding compensatory and punitive damages in cases of discrimination under Title VII and the ADA.
50
Vietnam Era Veteran's Readjustment Act
Federal contractors and subcontractors must take affirmative action toward employing veterans of the Vietnam War (9/5/64 to 5/7/75)
51
Vocational rehabilitation act (1973)
Organizations (with govt connections) must engage in affirmative action for individuals with disabilities and to make reasonable accommodations for them
54
Equal Pay Act of 1963
Men and women doing equal work in an organization must be paid the same Equal in terms of skills, effort, responsibility, and working conditions
59
Fourteenth Amendment
Forbids states from taking life, liberty, or property without due process Equal protection of the laws Applies only to government groups/private groups with government ties
60
Who is responsible for enforcing civil rights laws and executive orders that cover companies doing business with the government
Office of Federal Contract Compliance Procedures (OFCCP)
61
Office of Federal Contract Compliance Procedures (OFCCP)
Responsible for enforcing civil rights laws and executive orders that cover companies doing business with the government
62
Top 5 charges filed with the EEOC
``` Retaliation Race Disability Sex Age ```
63
Intentional discrimination where employer knowingly discriminated based on the individual's race, color, religion, sex, national origin, age, or disability status
Disparate/adverse treatment
64
Three types of evidence for disparate/adverse treatment
Direct, inferred, or mixed
65
Disparate/adverse treatment
Intentional discrimination where employer knowingly discriminated based on the individual's race, color, religion, sex, national origin, age, or disability status
66
Defenses for disparate treatment
Stray remarks | Bona fide occupational qualifications (BFOQ)
67
Stray remarks
- not strong defense | - discriminatory words or phrases that do not result in actual discrimination in employment
68
Bona fide occupational qualifications (BFOQ)
``` Legitimate criteria on which to discriminate on the basis of protected class status Only apply to qualifications that affect an employee's ability to do the essential elements of the job Necessary (not merely preferred) qualification for performing a job ```
69
BFOQs (3)
Authenticity Customer preferences Concern for the welfare of employees
70
Authenticity BFOQ
Gender, religion, age, etc. is absolutely necessary because it is part of the core task of representing the product, service, etc. Ex. Clothing models, church
71
Customer preferences BFOQ
Gender, religion, age, etc. is necessary because customers like to deal with certain types of individuals in certain situations Ex. Healthcare, massage, gym locker rooms, showers
72
Concern for the welfare of employees BFOQ
Some workers (esp. women) need to be protected from dangerous circumstances
73
A condition in which employment practices are seemingly neutral yet disproportionately exclude a protected group from employment opportunities -focused on the practice rather than the motive The policy or practice in question is not actually related to one's capacity to perform important job functions
Disparate/adverse impact (DI/AI)
74
Disparate/adverse impact (DI/AI)
A condition in which employment practices are seemingly neutral yet disproportionately exclude a protected group from employment opportunities -focused on the practice rather than the motive The policy or practice in question is not actually related to one's capacity to perform important job functions
75
Rule of thumb that finds evidence of discrimination if an organization's hiring rate for a minority's group is less than four-fifths the hiring rate for the majority group -highlights the rate of hiring, not the number of employees hired
4/5 rule
76
4/5 rule
Rule of thumb that finds evidence of discrimination if an organization's hiring rate for a minority's group is less than four-fifths the hiring rate for the majority group -highlights the rate of hiring, not the number of employees hired
77
Defenses against claims of disparate/adverse impact
The measure is clearly linked to specific job skills that have been identified through the process of a job analysis There is substantial correlation between the measure and job-relevant criteria
78
If multiple, equally-valid, measures exist, then which one should be preferred
The one that results in the least disparate impact
79
Social policy aimed at reducing the effects of prior discrimination by taking extra effort to attract and retain minority employees -established noting the goals for inclusion of individuals and timelines
Affirmative action (AA)
80
Affirmative action (AA)
Social policy aimed at reducing the effects of prior discrimination by taking extra effort to attract and retain minority employees -established noting the goals for inclusion of individuals and timelines
81
Can this be done: advertising in publications targeted to women or minorities
Yes
82
Can this be done: recruiting at historically black universities
Yes
83
Can this be done: encouraging women and minorities to apply
Yes
84
Can this be done: set aside programs
No
85
Can this be done: preferring certain groups if qualifications are equivalent
Yes
86
Can this be done: providing additional training
Yes
87
Unwelcome sexual advances, requests for sexual favors, and other verbal or physical contact of a sexual nature when - submission to such conduct is made explicitly or implicitly a term of condition if an individual's employment, - submission to, or rejection of, such conduct by an individual is used as the basis for employment decisions affecting such individual, or - such conduct has the purpose of effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment
Sexual harassment
88
Sexual harassment
Unwelcome sexual advances, requests for sexual favors, and other verbal or physical contact of a sexual nature when - submission to such conduct is made a term of condition of employment, - submission to, or rejection of, such conduct is used as the basis for employment decisions, or - such conduct has the purpose of effect of interfering with work performance or creating an intimidating, hostile, or offensive working environment
89
Means "this for that"
Quid pro quo
90
Quid pro quo
Means "this for that" | Person makes a benefit (or punishment) contingent on an employee's submitting to (or rejecting) sexual advances
91
Faragher v Boca Raton results
Employer must exercise "reasonable care" and can be found liable for harassment by their employees Policy must take swift, immediate, action to solve sexual harassment issues
92
Organizations can prevent sexual harassment by (4)
Developing 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 Taking speedy corrective action
93
Authorized the federal government to establish and enforce occupational safety and health standards for all places of employment engaging in interstate commerce Employers have a general duty to furnish each employee a place of employment free from recognized hazards Established OSHA
Occupational safety and health (OSH) act
94
5 employee rights under the OSH Act
Request an inspection Have a representative present at an inspection Have dangerous substances identified Be promptly informed about exposure to hazards and be given access to accurate records regarding exposure Have employer violations posted at the work site
95
Duties of OSHA (2)
``` OSHA inspections (random or "invited") Require employers keep records of illness/injury ```
96
OSHA inspections
``` OSHA must have a search warrant, but the inspector comes unannounced Review of records, walk around tour, employee interviews, such as findings Cash penalties (up to $20k per violation), required to make corrections, personal liability ```
97
Safety promotion technique that involves breaking down a job into basic elements, then rating each element for its potential for harm or injury
Job Hazard Analysis Analysis Technique
98
Method of promoting safety by determining which specific element of a job led to a past accident
Technique of Operations
99
Technique of Operations
Method of promoting safety by determining which specific element of a job led to a past accident
100
Job Hazard Analysis Analysis Technique
Safety promotion technique that involves breaking down a job into basic elements, then rating each element for its potential for harm or injury
101
Rip 2 causes of workplace injuries
Overexertion | Falls on same level
102
Fostering a safe workplace (5)
Implementing a safety incentive program to reward workers for their support of, and commitment to, safety goals Set organizational and workgroup safety goals Encourage suggestions from employees for improving safety in their job Train employees Target particular types of injuries that are "common" for certain jobs

Human Resources (3 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2025 Bold Learning Solutions. Terms and Conditions