Module 4--Rights Legislation and the Civil Rights Act of 1991

Question 1

What did the Civil Rights Act of 1991 do?

Answer 1

Purpose: Prohibit discrimination on the basis of the specific protected classifications under Title VII, ADA and ADEA. Creates new remedies and rights for plaintiffs in Title VII cases, partly to counteract three 1989 Supreme Court Cases perceived by congress as weakening protections under Title VII.

■ Coverage: same as Title VII Civil Rights Act of 1964 (companies affecting interstate commerce, employing 15 or more, 20 weeks a year)

■ Provisions: five primary amendments
* Allows compensatory and punitive damages
* Provides for trial by jury
* Redefines guidelines for disparate impact cases
* Affects mixed-motive discrimination cases
* Lengthens timeframe for challenging seniority systems

■ Enforcing agency: Equal Employment Opportunity Commission (EEOC)

Question 2

What are the 1991 Amendments?

Answer 2

■ Provides for trial by jury – Prior to this legislation, jury trials were available only where intentional discrimination on the basis of race or ethnic characteristics was alleged under a Civil War era statute.
* Law provides federal rights to trial by jury in cases alleging intentional discrimination based on gender, national origin and religion, in addition to race and ethnic characteristics.

■ Redefines guidelines for disparate impact cases
* The Civil Rights Act of 1991 amends Title VII to require employers to prove – and not merely produce evidence – that practices having a disparate impact on protected classes are job-related and consistent with business necessity.
* Response to Atonio v. Wards Cove Packing decision

■ Affects mixed motive discrimination cases
* A mixed-motive discrimination case occurs when a Title VII plaintiff demonstrates that an employer’s decision was partially motivated by discrimination, but the employer demonstrates that it would have made the same decision absent discrimination.
* Response to Hopkins v. Price Waterhouse decision

■ Allows for compensatory and punitive damages – Victims of intentional discrimination can ask for compensatory damages for pain and suffering as well as for punitive damages, but only from non-public employers.

Question 3

What are the Compensatory and Punitive Damages?

Answer 3

15-100 EES…CAP is 50K

101-200 EES Cap is 100K

201- 500 ees Cap is 200K

More than 500 EEs, cap is 300K

Question 4

What is the Time Frame for Challenging Seniority Systems?

Answer 4

• Violations occur:
• When seniority systems are adopted
• When an individual is subjected to the system
• When a person is affected by the system

Question 5

What is the Lilly Ledbetter Fair Pay Act?

Answer 5

The Lilly Ledbetter Fair Pay Act was signed into law on January 29, 2009.
■ Purpose: The new law creates a rolling or open timeframe for filing wage discrimination claims brought under Title VII, ADEA, ADA, ADAAA and the Vocational Rehabilitation Act.
■ Coverage: Companies involved in interstate commerce (broadly interpreted) with 15 or more employees for 20 weeks per year or more (same as Civil Rights Act). Law is retroactive to May 28, 2007.

■ Provisions:
* A charge of discrimination must be filed within 180/300 day timeframe outlined in the Civil Rights Act but timeframe starts over each time an employee receives compensation (wages, benefits or other).
* Remedies are the same as those specifically provided under the Civil Rights Act of 1964.

■ Enforcing agency: EEOC

Question 6

What did Executive Order 11246 do?

Answer 6

■ Purpose: Prohibits discrimination in employment decisions on the basis of race, color, religion, sex, or national origin.

■ Coverage: Federal contractors and federally-assisted construction contractors and subcontractors with over $10,000 in government business in one year

■ Provisions:
* Federal contractors must take affirmative action to ensure that equal opportunity is provided in all aspects of their employment.

• Federal contractors with 50 or more employees and $50,000 or more in federal contracts must develop written affirmative action plans for women and minorities if there is underrepresentation relative to qualified individuals, including two major pieces: a written narrative and quantitative analysis.
• Federal contractors that are required to comply with this law must also follow strict applicant tracking requirements and monitor their employment decisions and practices for potential discrimination.
• Covered employers must monitor their compensation systems to ensure they are non-discriminatory.

■ Enforcing Agency: The Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) is responsible for implementing the affirmative action requirements applicable to government contractors and subcontractors.

Question 7

How is Enforcement of Executive Order 11246 Accomplished?

Answer 7

• Random audits by OFCCP
• Recommend Department of Justice enforcement
• Recommend EEOC enforcement of Title VII
• Cancel, terminate, suspend current contracts
• Prevent any future federal government contracts
• Secure compliance by conference or mediation

Question 8

What is the Age Discrimination in Employment Act

Answer 8

Age Discrimination in Employment Act
The Age Discrimination in Employment Act (ADEA) of 1967 prohibits the denial of an employment opportunity to an employee within a protected age group.

ADEA cases proceed along the same lines as Title VII cases, including the use of the disparate treatment and disparate impact analysis. The Civil Rights Act of 1991 does not apply to ADEA cases.

■ Purpose: prohibit age discrimination with respect to compensation, terms, conditions or privileges of employment

■ Coverage: all employees and retirees at least 40 years of age who are with private employers engaged in industry affecting interstate commerce with 20 or more employees engaged in interstate commerce or who are with local and state governments

■ Enforcing agency: EEOC

Question 9

What are the ADEA Execeptions?

Answer 9

The statutory exceptions to the ADEA are:
■ Bona fide executives are entitled to $44,000 per year or more in retirement benefits derived from employer contributions and have a high level position. Mandatory retirement at age 65 is allowed.

■ Elected officials and high-level appointed officials in government are not covered.

■ Bona Fide Occupational Qualifications (BFOQs): Employers may discriminate on the basis of age when age is a bona fide occupational qualification reasonably necessary to the normal operation of the employer’s business.

■ Reasonable factors other than age: Differences in the treatment of employees which are based on reasonable factors other than age are not prohibited.

■ Seniority system: Employers may observe the terms of a bona fide seniority system provided it is not a subterfuge for age discrimination.
■ Special provisions for firefighters and law-enforcement officials

■ Bona fide benefits plan
Example: An organization may have different life insurance rate schedules for different age groups since the rates increase as the participants age.

Question 10

1. EEOC v. Governor Mifflin School District, 39 F.E.P. 1059 (EDPA 1985)
   Facts: The employer compressed a 28-step salary ladder to 24 steps. As a result, older employees above step 24 of the old system were denied step increases which younger employees received. All employees received equal merit increases.

Issue: Did the employer violate the ADEA? Why or why not?

Answer 10

Finding: No. Although the employees affected by the salary ladder compaction were within the protected age group, the EEOC improperly focused on only one element of the compensation scheme — the step increases. Viewed as a whole, the system benefits older employees because they always receive the highest pay. Moreover, the plan was based on a reasonable factor other
than age: the desire of the union and the company to limit the disparity between the highest paid and the lowest paid employees.

Question 11

2. Wright v. State of Calif., (9th Cir. 2000)
   Facts: A 63-year-old retired State Traffic Lieutenant applied for reinstatement as a Lieutenant with the California Highway Patrol. Although he was determined to be physically capable of performing his job, he was denied reinstatement because he was over age 60. Under California law, CHP officers must retire at age 60.

Issue: Did the state violate the ADEA? Why or why not?

Answer 11

Finding: No. State and local governments are exempt from the ban on age discrimination with respect to firefighters and law enforcement personnel.

Question 12

3. Carlton v. Mystic Transportation, Inc., (2nd Cir. 2000)
   Facts: A 56-year-old Director of Marketing had no documented performance problems and his delivery performance-related income increased during his tenure. However, he was terminated, along with 10 other employees, during a reduction-in-force. Three months later, the company rehired a 31-year-old former employee as the Director of Marketing. An offer for rehire was not extended to Carlton.

Issue: Did the company violate the ADEA? Why or why not?

Answer 12

Finding: Yes. The court found that the employer violated the ADEA for a variety of reasons including the fact that other employees were recalled following the reduction-in-force, but Carlton was not called back even though there were no documented performance concerns and delivery income increased during his tenure. Further, Carlton was replaced by a younger employee at a lower salary.

Question 13

What is the Americans with Disabilities Act?

Answer 13

■ Purpose: Improve quality of life for the disabled and prevent discrimination in any aspect of the employment relationship. Prior to this only federal contractors and the federal government were
covered by the similar Vocational Rehabilitation Act.

■ Coverage: companies involved in interstate commerce (broadly interpreted) with 15 or more employees for 20 weeks a year or more, plus state and local government, employment agencies
and labor unions

■ Provisions: A charge of discrimination must be filed within 180 days of the alleged discriminatory act.
* Prohibits discrimination in any aspect of the employment relationship
* A charge of discrimination must be filed within 180 days of the alleged discriminatory act
* Time limit may be extended up to 300 days if there is a state or local fair employment practices agency enforcing a law prohibiting the same alleged discriminatory practice.
* Remedies are the same as those specifically provided under the Civil Rights Act of 1964.
■ Enforcing agency: EEOC

Question 14

What is the Americans with Disabilities Act Amendments Act (ADAAA)

Answer 14

The amendment became effective January 1, 2009 and is not retroactive. In enacting the ADAAA,
Congress made it easier for an individual seeking protection under the ADA to establish that he or she
has a disability.
■ Purpose: eliminate discrimination by affirming the “broad scope of protection” through expanding the definition of “disability”
■ Coverage: companies involved in interstate commerce (broadly interpreted) with 15 or more employees
■ Provisions: A charge of discrimination must be filed within 180 days of the alleged discriminatory act.
* Time limit may be extended up to 300 days if there is a state or local fair employmentpractices agency enforcing a law prohibiting the same alleged discriminatory practice.
* Remedies are to put the victim of discrimination in the same position (or nearly the same) that he or she would have been if the discrimination had never occurred. A victim of discrimination may be able to recover attorney’s fees, expert witness fees, court costs as
well as compensatory and punitive damages.
■ Enforcing agency: EEOC

Question 15

What is the definition of a Disability?

Answer 15

Prior to the ADAAA there were several U.S. Supreme Court decisions that limited the definition of disability to those with untreatable impairments which “substantially limit major life activities”. The Americans with Disabilities Act Amendments Act (ADAAA) amended the ADA definition of disability to affirm the intention of congress regarding the broad scope of protection.

■ Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more body systems which limit a major life activity. ADAAA changed law so that those with
treatable impairments such as diabetes, epilepsy, cancer, and post-traumatic stress are covered.

■ “Major life activities” include caring for oneself, performing manual tasks, seeing, hearing, eating sleeping, walking, standing, sitting, reaching, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, interacting with others, and working.
* The Supreme Court ruled that an impairment need not prevent or severely restrict a major life activity to be considered “substantially limiting.” The determination of disability should not require extensive analysis.
* Mitigating measures can be ignored when assessing whether an individual has a disability.
* The focus of the employer should be on whether the company can provide reasonable accommodation rather than on whether the individual has a disability.

Question 16

Who Is Covered?

Answer 16

A disability is an impairment that substantially limits or restricts a major life activity such as hearing, seeing, speaking, breathing, performing manual tasks, walking, caring for oneself, learning
or working.
■ Any employee or job applicant who meets the following criteria may be covered under the ADA and ADAAA:
* Has a physical or mental impairment that substantially limits one or more of the major life activities
* Has a record of such an impairment
* Is regarded as having such impairment.

■ An employee or job applicant may also be covered based on their association with the disabled.
* Designed to protect any qualified individual, whether or not they are disabled, from disability related discrimination

■ The individual must still prove he or she is qualified for the job
* Must satisfy education, experience, skill and other job-related requirements
* Able to perform the essential functions with or without reasonable accommodation.

Question 17

What is an Essential Function?

Answer 17

An employer does not have to hire or retain a person who is not qualified for the job or who cannot perform the essential functions of the job. Therefore, defining the essential functions of the job is critical to the defense of the employer in disability related cases. Essential functions of the job are those duties that are required to be performed. Whether or not a specific function is essential must
be made on a case by case basis.
Criteria used to determine whether a job function is essential includes:

■ Whether the reason the position exists is to perform the function

■ Number of other employees available to perform the function or among whom the performance of the function can be distributed

■ Degree of expertise or skill required to perform the function

Question 18

What is a Reasonable Accomodation?

Answer 18

A reasonable accommodation is any change or adjustment to a job or work environment that permits a qualified applicant or employee with a disability to participate in the job application process, to
perform the essential functions of a job, or to enjoy benefits and privileges of employment equal to those enjoyed by employees without disabilities.

■ Criteria: It is a violation of the ADA and ADAAA to fail to provide reasonable accommodation to the known physical or mental limitations of a qualified individual with a disability, unless to
do so would impose an undue hardship on the operation of the business. Undue hardship means that the accommodation would require significant difficulty or expense. The ADA specifies three
criteria to measure reasonableness of accommodations.
* Size of the business
* Number / type of facilities
– Budget
– Type of operation
– Composition
– Make-up of the workplace
* Nature and cost of accommodation

Question 19

What are some examples of a Reasonable Accomodation?

Answer 19

■ Examples: Reasonable accommodations may include one or more of the following actions:
* Acquiring or modifying equipment or devices
* Job restructuring
* Part-time or modified work schedules
* Reassignment to a vacant position
* Adjusting or modifying examinations, training materials or policies
* Providing readers and interpreters
* Making the workplace accessible and usable

Question 20

Pre-Employment Medical Exams?

Answer 20

Pre-employment Medical Examinations
■ Pre-employment medical examinations are one of the common business practices that are specifically prohibited under provisions of the ADA.
■ An employer may require a medical exam after a job offer, but only if all employees in the same job are also required to take a medical exam.
■ Drug testing is specifically excluded from the medical examination prohibition.
■ The results of all medical examinations or information from inquiries about a disability must be kept confidential and maintained in separate medical files. The employer may provide medical information required by state workers’ compensation laws to the agencies that administer such laws.

Question 21

What are the Compensation Issues affected by the ADA and ADAAA?

Answer 21

Compensation professionals should pay particular attention to those issues / activities within their area that are affected by the ADA and ADAAA. Among them are the following:
■ Job descriptions: Written job descriptions prepared prior to filling a position are considered evidence of essential functions. All job descriptions should be reviewed on a regular basis to ensure that they are complete and that they cover the critical or essential functions of the job.

■ Job restructuring: Job restructuring may include exchanging assignments or existing positions with other employees and redesigning procedures for completing tasks.

■ Evaluation and promotion: Limiting, segregating or classifying a job applicant or employee in such a way that adversely affects the opportunities or status of such applicant or employee because of the disability of such applicant or employee is prohibited. Therefore, it is important to formulate objective performance and promotion standards which prove to be related to the job’s essential function.

■ Policies and procedures: Organizations are required to modify policies or procedures that discriminate against qualified employees with disabilities. These changes are not required if the essential function of a job is altered as a result of the changes.

■ Compensable factors: Compensable factors should be consistent with the essential function of the job. Take caution in not placing too much weight on physical or mental skills which are not essential functions of a job.

Question 22

What are the Possible Results of a Disability Violations?

Answer 22

• Hiring
• Reinstatement
• Promotion
• Back pay
• Reasonable accommodation
• Compensatory and punitive damages

Question 23

1. Tyler v. Ispat Inland, Inc. (7th Cir. 2001)

Facts: The plaintiff was an electrician at Ispat’s Plant 2 when he began to feel his coworkers were threatening him. The company was unable to substantiate the charges. Following a visit to a psychiatrist, Tyler was diagnosed with a depression and delusional disorder, and was taken off of work. Upon his release to return to work, Tyler agreed to a transfer to Plant 7 where he was paid the same wages and received the same benefits. After a period of time, Tyler began to believe that his new coworkers were harassing and attempting to harm him. He requested a transfer back to Plant 2 saying that his transfer to Plant 7 adversely impacted his employment. The company denied his request.

Issue: Was the transfer to Plant 7 a reasonable accommodation? Was the company’s refusal to transfer Tyler back to Plant 2 a denial of a reasonable accommodation? Why or why not?

Answer 23

Finding: Yes. The transfer to Plant 7 was a reasonable accommodation and the court found that Tyler suffered no adverse employment action because his wages and benefits remained the same. The company’s refusal to transfer Tyler back to Plant 2 was not a violation of the ADA’s requirement for reasonable accommodation because a medical reason for the transfer was not given and Tyler refused to supply the company with a medical reason or his medical records.

Question 24

Facts: A Class II mechanic was injured, resulting in a permanent disability and was no longer able to perform all of the duties of a Class II mechanic. The company created a unique position and allowed him to retain his Class II status as well as maintain an equivalent wage and benefits. During several pay periods, the employee performed both Class II and Class III work allowing him to earn Class III pay for the entire pay period. (Wal-Mart has a “50 percent rule” that states if an employee performs
Class III work over 50 percent of his time in a specific pay period, he/she is entitled to receive the higher pay for the entire pay period.) Because he was meeting the 50 percent rule often, Kersting requested a permanent transfer to the Class III pay rate. Wal-Mart denied the request because Kersting could not perform all of the essential functions of a Class III mechanic job and no Class III job was available.

Issue: Did the employer violate the Americans with Disabilities Act? Why or why not?

Answer 24

Finding: No. Kersting did not suffer an adverse employment action when he was denied a pay increase to the Class III rate. The court found that Kersting was not denied a normal and expected raise and he continues to be eligible for increased pay in those pay periods when he spends over 50 percent of his time doing Class III work. In addition, the company did not violate the ADA in denying him a promotion to the Class III position. Kersting is not a “qualified individual with a disability” due to the fact that he cannot perform the essential functions of the Class III position and further, he did not apply for an open Class III position.

Question 25

What is the Vocational Rehabilitation Act?

Answer 25

■ Purpose: The Vocational Rehabilitation Act of 1973 is a comprehensive statute aimed at taking action to employ and advance individuals with disabilities to improve their quality of life. This law predated ADA by 17 years but had limited coverage.

■ Coverage: employers with federal contracts over $10,000 and federal government

■ Provisions: prohibit discrimination against physically or mentally disabled individuals
* Amended in 1992 to be consistent with ADA in nondiscrimination standards, essential functions, qualification standards, direct threat, reasonable accommodation, undue hardship and pre-employment questions.

• Key differentiator between the Vocational Rehabilitation Act and ADA is that government contractors are required to use affirmative action in employment of the disabled.
• Employers only have to hire and retain qualified individuals who can perform the essential functions of the job.

■ Enforcing agency: The Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP)

Question 26

Who is Covered by the Vocational Rehab Act?

Answer 26

The key differences in employer requirements between ADA and Vocational Rehabilitation Act are the affirmative action requirement and the exclusion of those affiliated with the disabled.
■ Any person who meets the following criteria is covered by the Vocational Rehabilitation Act:
* Has a physical or mental impairment which substantially limits one or more of such person’s major life activities
– Includes psychological disorder, cosmetic disfigurement, or physiological disorder
or condition
* Has a record or prior history of such an impairment. The Rehabilitation Act thus prohibits employers from denying employment based on an applicant’s prior medical record, even though the applicant is not disabled from any current physical or mental impairment.
* Is regarded as having such an impairment
AND
* Is qualified for the job
* Can perform the essential functions

Question 27

What is the Genetic Information Non-Discrimination Act (GINA)

Answer 27

The law prohibits discrimination on the basis of genetic information when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoffs, training, fringe
benefits, or any other term or condition of employment. An employer may never use genetic information to make an employment decision because genetic information is not relevant to an
individual’s current ability to work.

■ Purpose: Prohibit discrimination against employees or applicants based on:
* An individual’s genetic tests
* Tests of an individual’s family members and
* Information relating to an individual’s family medical history

■ Coverage: 15 or more employees; state and local governments

■ Provisions: 180 days to file a charge; may be extended by state laws. Employer is prohibited from requesting, requiring, or purchasing genetic information and family medical history. Only exception is for wellness programs where information requested is voluntary and not disclosed to employer.

■ Enforcing agency: The EEOC enforces Title II of GINA (dealing with genetic discrimination in employment).

Question 28

What is the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA)

Answer 28

■ Purpose: Prohibits discrimination and protects uniformed services employees that fulfill military service and reserve responsibilities while employed as a civilian

■ Coverage:
* Any person, institution, organization or other entity that pays salary or wages for work performed or that has control over employment opportunities
* Employers are required to honor reemployment rights for those employees that “are a member of, applies to be a member of, performs, has performed, applies to perform, or has an obligation to perform service in a uniformed service” (Title 38 US Code section 4311).

■ Provisions:
* Those who serve in the uniformed services are entitled to the continuation of their position, seniority, status and pay rate as if there had not been a break in employment.
* Health benefits and pension plans are protected by USERRA for 24 months on medical at COBRA costs.
* Employer cannot require employees to use their accrued vacation and sick pay to offset pay during uniformed service.
* USERRA does not supersede a local or federal law unless it provides better benefits for the employee (i.e., health premiums, pay continuation and other benefits).
* USERRA establishes a five-year cumulative total of military service with a single employer.

■ Enforcing agency: U.S. Department of Labor (DOL)

Question 29

What is the USERRA Eligibility?

Answer 29

■ Advance notice – employee gave advance notice of intent to activate service in uniformed service. Verbal notice is sufficient. Not required to provide notice of intent to return to job at time of departure.
■ Service not exceeding 5 years
■ Timely reporting Service Reporting deadline
1-30 days 1st regular work day after return travel + 8 hrs.
31-180 days 14 days
>180 days 90 days

■ Discharge honorable, medical or uncharacterized

■ Hold civilian job

Question 30

What is the Dispute Resolution Process?

Answer 30

A dispute between an employee and an employer may be resolved in a number of different ways.
Following internal company attempts, the parties may agree to outside mediation, arbitration or take the matter through the court system.

■ Mediation is a process whereby a trained facilitator attempts to bring the parties together.
The mediator(s) may set ground rules, offer a non-threatening environment, facilitate communication, provide creative solutions and obtain consensus. The mediator, however, has no authority to mandate a solution.

■ Arbitration takes place in a more formal setting before an impartial third party.
* Binding arbitration means that the decision of the arbitrator is final and both parties are bound by it. Binding arbitration must be voluntary.
* Non-binding arbitration means just the opposite. If either side disagrees with the arbitrator’s decision, they are not bound by it. This allows either side to file in court to go to trial.
* Arbitration is often preferred by employers because it is usually faster and less expensive than going to trial.
* Arbitration must provide for the same types and amounts of damages as available at trial.

■ Court
* Dismissal
– Only occurs if a defendant can prove the plaintiff is not entitled to recover under any applicable law
– Courts reluctant to dismiss complaints
* Summary judgment
– Decision on the merits of a claim
– Granted only when no dispute to any material fact and undisputed facts show one side or the other entitled to prevail
– Summary judgment can be avoided by showing conflicting evidence about the material fact.
* Trial

Question 31

1. Fred, age 58, has been transferred from a division sales manager position – a senior level sales position, grade 25 – to a trade specialist position that has not been evaluated. Fred has poor health and although his performance has been good he has been absent much over the past year. The Sales Department has decided to move him to this newly created position to ease his transition into retirement. Although you have not evaluated this position, it will probably be around a grade 20, and your analyst recommends freezing his salary at its current level until such time as his salary falls within the range of his new job. You have just learned that Fred has been replaced as Division Sales Manager by George, age 50, who used to work for him in one of his regions.

Does Fred’s situation cause you any concern as you review the Age Discrimination in Employment Act? What specifically would you analyze?

Answer 31

Answer: Yes, Fred’s situation causes concern under ADEA due to the potential loss of income / retirement income. His replacement, although over 40, is still younger than him.

Question 32

2. The new Regional Human Resources Manager for your northeastern division has just called.
   The division is a major government supplier whose contracts with the federal government account for well over 25% of the division’s $500 million sales volume. Two employees have approached the Regional Human Resources Manager to discuss a disability status. One has been identified as a recovering alcoholic. Although no incidences of alcoholism have affected his work since he attended a rehabilitation program last year, he has been passed over for a recent promotion and feels his past reputation as an alcoholic is the reason.

The second employee, a middle-aged female, considers herself an epileptic. Although no medical documentation supports this claim, she has been known to have seizures, especially in times of severe pressure. The Accounting Manager for whom she works has had to have her removed from the workplace by paramedics twice in the last six months. He has warned her that if the seizures do not stop, she will be terminated for disruptive behavior.

Do either or both of these employees have recourse under the Vocational Rehabilitation Act or the Americans with Disabilities Act? What would be the basis?

Answer 32

Answer: Yes, both employees have recourse because they both have disabilities.

Question 33

1. Which act does the Office of Federal Contract Compliance Programs (OFCCP) enforce?
   A. Americans with Disabilities Act
   B. Vocational Rehabilitation Act
   C. Civil Rights Act of 1991
   D. Age Discrimination in Employment Act

Answer 33

B. Vocational Rehabilitation Act

Question 34

2. Which of the following acts redefines guidelines for disparate impact cases?
   A. Americans with Disabilities Act
   B. Vocational Rehabilitation Act
   C. Civil Rights Act of 1991
   D. Age Discrimination in Employment Act

Answer 34

C. Civil Rights Act of 1991

Question 35

3. What is the minimum age for an individual to qualify for protection under the Age Discrimination in Employment Act?
   A. 40
   B. 45
   C. 50
   D. 55

Answer 35

A. 40

Question 36

4. Which of the following is an example of a reasonable accommodation?
   A. Providing a pre-employment medical exam
   B. Creating a new position in the company
   C. Creating a separate area for the disabled employee to work
   D. Job restructuring

Answer 36

D. Job restructuring

Question 37

5. Which of the following might be an example of the influence of the Americans with Disabilities Act on compensation?
   A. Job descriptions must be written to ensure they cover the critical functions of the job.
   B. Companies should determine pay based on physical skills.
   C. Companies must conduct pre-employment medical exams on all new employees.
   D. Special promotion requirements must be developed for the disabled employee.

Answer 37

A. Job descriptions must be written to ensure they cover the critical functions of the job.

Question 38

Which of the following is an example of a reasonable accommodation?

Creating a new position in the company

Providing a pre-employment medical exam

Creating a separate area for the disabled employee to work

Job restructuring

Answer 38

Job restructuring

Question 39

What is the minimum age for an individual to qualify for protection under the Age Discrimination in Employment Act?

45

50

55

40

Answer 39

40

Question 40

Which of the following acts redefines guidelines for disparate impact cases?

Vocational Rehabilitation Act

Americans with Disabilities Act

Age Discrimination in Employment Act

Civil Rights Act of 1991

Answer 40

Civil Rights Act of 1991

Question 41

Which act does the Office of Federal Contract Compliance Programs (OFCCP) enforce?

Americans with Disabilities Act

Age Discrimination in Employment Act

Civil Rights Act of 1991

Vocational Rehabilitation Act

Answer 41

Vocational Rehabilitation Act

Question 42

Which of the following might be an example of the influence of the Americans with Disabilities Act on compensation?

Companies must conduct pre-employment medical exams on all new employees.

Companies should determine pay based on physical skills.

Special promotion requirements must be developed for the disabled employee

Job descriptions must be written to ensure they cover the critical functions of the job.

Answer 42

Job descriptions must be written to ensure they cover the critical functions of the job.