5 Legislation Flashcards
Equal Pay Act
A federal law that prohibits discrimination based on sex in the payment of wages. Congress enacted the EPA as an amendment to the Fair Labor Standards Act specifically to remedy wage disparity faced by women.
Civil Rights Act of 1964
A federal law prohibiting discrimination in employment on the basis of sex, as well as race, color, national origin, and religion. Applies to employers with 15 or more employers.
Age Discrimination Act
Prohibits discrimination on the basis of age in programs or activities receiving federal financial assistance. A provider may not exclude, deny, or provide different or lesser services to applicants or beneficiaries, on the basis of age.
Vocational Rehabilitation Act of 1973
Section 503 of this act prohibits discrimination and requires employers with federal contracts or subcontracts that exceed $10,000 to take affirmative action to hire, retain, and promote qualified individuals with disabilities. Enforced by the Employment Standards Administration’s Office of Federal Contract Compliance Programs within the US Department of Labor.
Vietnam Era Veterans Readjustment Assistance Act
Requires covered federal government contractors and subcontractors to take affirmative action to employ and promote veterans protected by the Act. Prohibits discrimination against such veterans and gives covered veterans priority in referral for openings.
Pregnancy Discrimination Act
This 1975 act prohibits discrimination based on pregnancy, childbirth, or related medical conditions. Applies to employers with 15 or more employees.
Which law protects a woman from being fired if she is pregnant or has an abortion?
The Pregnancy Discrimination Act of 1975.
Illegal Immigration Reform and Immigrant Responsibility Act of 1996
Enacted September 30, 1996. Increases penalties for immigration-related offenses, authorized increases in enforcement personnel, enhanced enforcement authority. Undertook a comprehensive reorganization of the removal process of inadmissible and deportable aliens, including expedited removal. Required three types of employment authorization verification pilot programs. Includes restrictions on the eligibility for public benefits and imposed new requirements on sponsors.
Americans with Disabilities Act
Prohibits discrimination based on a disability in employment, activities of state and local governments, public and private transportation, public accommodations, and telecommunications.
Which law borrowed provisions from Section 504 of the Rehabilitation Act of 1973?
Americans with Disabilities Act
Older Workers Benefit Protection Act
Enacted in 1990, this law protects older workers from discrimination by employers based on age when providing employee benefits, including severance benefits.
This Act was an amendment to the Age Discrimination in Employment Act
Older Workers Benefit Protection Act
Family Medical Leave Act of 1993
Requires that an “eligible” employee must be granted, in total, up to twelve weeks of unpaid leave during any twelve months for specific qualifying factors. The employee must have worked at least 1250 hours within the twelve months immediately preceding the commencement of leave.
What are the qualifying events required for the use of FMLA?
- The birth or adoption of a child or the foster care placement of a child;
- Leave to care for the employee’s spouse, child, or parents who has a serious health condition;
- A serious health condition of the employee that makes the employee unable to perform the job functions.
- Military caregiver leave, which allows up to 26 weeks of unpaid, protected leave to an employee who is the spouse, son, daughter, or parents of a covered service member who suffers a serious injury while in service
Employee Polygraph Protection Act of 1988
With certain exceptions, this act generally prevents employers from using lie detector tests for pre-employment screening or during employment.
Norris-LaGuardia Act
Passed in 1932, this act outlawed yellow-dog contracts (pledges by workers not to join a labor union) and further restricted the use of court injunctions in labor disputes against strikes, picketing, and boycotts.
National Labor Relations Act of 1935
Also known as the Wagner Act, this act is a foundational statute of United States labor law that guarantees the right of private sector employees to organize into trade unions, engage in collective bargaining, and take collective action such as strikes.
The NLRA applied to all firms and employees in activities affecting interstate commerce with the exception of which groups?
Agricultural laborers, domestic workers, government employees, and those persons subject to the Railway Labor Act.
National Labor Relations Board
Originally consisted of three members appointed by the President and was established as an independent federal agency.
The Wagner Act does not cover public sector labor unions and labor-management relations. Instead, they are governed by what?
State laws.
Fair Labor Standards Act of 1938
Known as the wage-hour law, this act established minimum wages and maximum hours for all workers engaged in “interstate commerce.” The US Department of Labor implemented new regulations in August 2004 and updated criteria for employers to determine which employees were subject to or exempt from the overtime provisions of the Act.
Occupational Safety and Health Act of 1970
US labor law governing the federal law of occupational health and safety in the private sector and federal government in the United States. The goal was to ensure employers provide their workers a place of employment free from recognized hazards to safety and health, such as exposure to toxic chemicals, excessive noise levels, mechanical dangers, heat or cold stress, or unsanitary conditions.
Consolidated Omnibus Budget Reconciliation Act (COBRA)
Gives workers who lose their health benefits the right to choose to continue group health benefits provided by the plan under certain circumstances.
Several events can cause workers and their family members to lose group health coverage and may result in the right to COBRA coverage. These include:
- Voluntary or involuntary termination of the covered employee’s employment for reasons other than gross misconduct
- Reduced hours of work for the covered employee
- Covered employee becoming entitled to Medicare
- Divorce or legal separation of a covered employee
- Death of a covered spouse
- Loss of status as a dependent child under plan rules
