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SPHR /w PHR > Appendix C > Flashcards

Appendix C Flashcards

1
Q

All federal contractors and subcontractors who have at least ___ employees must update two or three affirmative action plans.

A

50 (PG 523)

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2
Q

The “Age Discrimination in Employment Act” was:

  1. Passed in what year?
  2. Protects discrimination against person of what age?
A
  1. 1967
  2. 40 years (and older)

PG 527

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3
Q

The ADEA (Age in Discrimination Employment Act) applies to private business, unions, employment agencies, and state and local government’s.

  1. How many employees are required?
  2. Retirement of tenured employees of institutions of higher education at age?
  3. Who would you file charges with if an employee feels discriminated against?
A
  1. 20 employees
  2. 70 years of age
  3. EEOC (charges must be made timely)

PG 528

NOTE: That BFOQ and exceptions do factor in such as question 2. This also includes the hiring of firefighters or police officers by state or local govts.

NOTE: Discharge for causes does not count and in

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4
Q

The Older Worker Benefit Protection Act (OWBPA) amended the ADEA.

  1. What year was it passed?
  2. What did it do basically/ideally?
  3. If considered to affect a group, how many days do they have together to file?
  4. If considered to affect an individual, how many days to they have to file?
  5. What federal agency enforces it?
A
  1. 1990
  2. Prohibition on discrimination against older workers in all employee benefit plans (unless any age-based reductions are justified by significant cost considerations.)
  3. 45 days
  4. 21 days
  5. EEOC

PG 528

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5
Q

The Americans with Disabilities Act was based in the large part of the Rehabilitation Act of 1973 that EXTENDED protected class status to qualified persons with disabilities.

  1. What year was it passed?
  2. How many employees are required for enforcement?
  3. Employees must work HOW MANY WEEKS total for the current/prior year for them to count?
  4. What two groups are excluded from the ACT?
A
  1. 1990
  2. 15 or more
  3. 20 weeks
  4. Federal Govt and 501(c) membership clubs
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6
Q

The Americans with Disabilities Act was based in the large part of the Rehabilitation Act of 1973 that EXTENDED protected class status to qualified persons with disabilities.

  1. What year was it passed?
  2. What is required for the business to not provide accommodation when it places an excessive burden on the employer?
  3. A disability is a physical or mental impairment that causes ____ limitation to one or more ____ life activitiess for an individual.
A
  1. 1990
  2. undue hardship
  3. substantial limitation; major (life activities)

PG 530

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7
Q

Q: Title VII established that the basis for two types of unlawful practices. What are they?

Civil Rights Act of 1964 (Title VII)

Unlawful employment practices are those that have an adverse impact on members of a protected class, which is a group of people who share common characteristics and are protected from discriminatory practices.

A
  1. Disparate Treatment (when some employees are treated differently, such as requiring women to take a driving test, but not men)
  2. Disparate Impact (on members of a protected class and seem fair, but are not such as all candidates for a firefighter position to be a certain height, even though nothing requires it; this could impact asians)
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8
Q
  1. What are the 5 classes that are protected under title 7?
  2. What are the 3 classes that are exempted from BONA FIDE OCCUPATIONAL QUALIFICATIONS (BFOQs)?

Civil Rights Act of 1964 (Title VII)

Unlawful employment practices are those that have an adverse impact on members of a protected class, which is a group of people who share common characteristics and are protected from discriminatory practices.

A
  1. race, color, religion, national origin, sex
  2. religion, national origin, sex
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9
Q

What empowered and gave authority to the EEOC to sue nongovernmental entities, including employers, unions, and employment agencies?

A

Equal Employment Opportunity Act of 1972 (EEOA)

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10
Q
  1. What portion of the Rehabilitation Act of 1973 requires to cover individuals with disabilities (that utilizes govt) contracts?
  2. How many** employees are at least required and **how much in contracts?
A
  1. Section 503
  2. 50 employees and $50000

NOTE 1: Section 503 of the Rehabilitation Act, are meant to encourage and foster practices that benefit individuals with disabilities and to permit an employment preference for qualified individuals with disabilities (whether those disabilities are obvious or voluntarily disclosed). In fact, Section 503 requires that covered federal contractors and subcontractors take affirmative action to employ and advance in employment individuals with disabilities.

NOTE 2: The Office of Federal Contract Compliance Programs (OFCCP) enforces the affirmative action regulations.

INFO: PG 522
Link: https://www.dol.gov/agencies/ofccp/faqs/section-503

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11
Q

Whose mission statement holds those who do business with the federal government responsible for complying with the legal requirement to take AA and not discriminate on the basis of race, color, sex, sexual orientation, gender identity, religion, national origin, disability or status as a protected veteran?

A

OFCCP (Office of Federal Contract Compliance Programs)

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12
Q
  1. Do protected veterans have to self-identify at ANY STAGE of the pre and post hiring process to their employer in regards to VEVRAA AAP?
  2. How long does this data have to be maintained and what is the goal of hiring protected veterans and other benchmarks for EO?
A
  1. No
  2. 3 years and 6.9% vetereans (7 percent for non vets)
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13
Q
  1. What act was passed to amended the ADEA to include a prohibition of discrimination against older workers in all EMPLOYEE benefit plans unless any age-based reductions are justified by significant cost savings?
  2. What year this ACT come out?
A
  1. 1967
  2. More than 20 employees (21?)
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14
Q

The “Age Discrimination in Employment Act” (ADEA) was…

  1. Passed in what year?
  2. Applies to employeers (all kinds) with more how many employees?
A
  1. 1967
  2. More than 20 employees (21?)
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15
Q

What Act & Year required that pregnant employees should receive the same treatment and benefits as employees with any other short-term disability ?

A

The Pregnancy Discrimination Act of 1978 (PDA)

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16
Q

What ACT to increase protections of Title VII?

NOTES:

  1. Provided punitive damages when employer act with malice or reckless indifference.
  2. Excluded back pay awards from compensatory damages (owe more).
  3. Any civil suit may be sought to demand a jury trail
  4. Included congressional employees and some senior political employees.
  5. Requires employee to prove disparate impact
  6. Business necessity is not a defense
  7. Foreign operations of American businesses would be included (cannot violate host country laws)
A

Civili Rights Act of 1991 (CRA)

17
Q

What case in 1884 by Justice Ingersoll enabled the use “Employment at Will”?

A

Payne vs. The Western & Atlantic Railroad Company (1884)

NOTE: Starting in 1959, the doctrine began to erode due to fairness policies that included concepts of promissory estoppel and fraudulent misrepresentation.

18
Q

What type of contract can be verbal or written in which parities state exactly what they agree to do?

A

Express Contract

PG 534

19
Q

What contract can be created by an employer’s conduct and need not be expressly stated?

NOTE: A progressive discipline policy that an employee will not be terminated first can invalidate the at-will status

A

Implied contract

20
Q

What case, year, and definition result heard a cases about an employee who was terminated for refusing to commit perjury on behalf of the union at a legislative hearing? (To fight at-will employment policies)

A

Petermann vs. International Brotherhood of Teamsters (1959), public policy exceptions

This was the first case that resulted in public policy exceptions in CA when the employer wanted the employee to commit illegal acts.

This then generated 4 parts:

  • Exemplified an employee who refused to break the law
  • Covers employees who report illegal acts of their employers (whistle blowers)
  • Employees who participate in activities supported by public policy (cooperating with the govt)
  • Acting in accordance with legal statue (attending jury duty or filing a workers comp claim)
21
Q

Employeers are protected by the concept of __ if the information provided about an employee is job-related, truthful, clear, and unequivocal

A

Qualified Privilege (it’s to be protected against defamation as noted above)

22
Q
  1. The Copyright Act of ___ (year) protects generated works.
  2. What is known as if someone else was commissioned to create a project?
  3. In regards #2, the work is protected for __ (number) years from publication or __ (number) years from when it was created.
A
  1. 1976
  2. Works-For-Hire
  3. 95 years; 120 years

PG 537

23
Q
  1. The ___ (name) Act of ___ (year) was the FIRST legislation to regulate minimum wages.
  2. Employers must adhere to the act if they receive at least $___ (amount) in federal contracts.
  3. The prevailing wage is based on the ___ in which they are operating.
A
  1. Davis Bacon Act of 1931
  2. $2000
  3. local area

PG 537

EXTRA

https://en.wikipedia.org/wiki/Davis–Bacon_Act_of_1931

Prior to the passage of the federal Davis–Bacon Act (abbreviated DBA), other jurisdictions in the United States had passed laws that required that contractors on public works projects pay the wage that prevailed locally. “In 1891, Kansas adopted a law requiring that ‘not less than the current rate of per diem wages in the locality where the work is performed shall be paid to laborers, workmen, mechanics, and other persons so employed by or on behalf of the state of Kansas’ or of other local jurisdictions. Through the next several decades, other states followed suit, enacting a variety of labor-protective statutes covering workers in contract production.” [4][5]

In 1927, a contractor employed African-American workers from Alabama to build a Veterans’ Bureau hospital in the district of Congressman Bacon.[6] Prompted by concerns about the conditions of workers, displacement of local workers by migrant workers, and competitive pressure toward lower wages,[7] Bacon introduced the first version of his bill in 1927.

Over the next few years, Bacon attempted to introduce variations on the prevailing wage bill 13 times.[8][9] Finally, in the midst of the Great Depression, with local workers complaining losing jobs to those willing to work for lower wages, and additional complaints from Congressmen frustrated that their efforts to bring “pork barrel” projects home to their districts did not result in jobs for their constituents (and therefore political support from them),[6] the Hoover Administration requested that Congress reconsider the Act once more as a means of preventing falling wages.[10] Sponsored in the Senate by former Labor Secretary Davis, it passed by voice vote and was signed into law on 3 March 1931.[4]

24
Q
  1. The Drug-Free Workplace Act of __ (year) applies to businesses with federal contracts of $ __ (amount) per year.
  2. An employee must report to the employer in how many days if convicted of a drug offense in the workplace?
  3. When #2 happens, how many days does the employer have to report to the contracting agency about the offense?
A
  1. 1988, $10000
  2. 5 days (remember this if it occurs and is convicted if it occurred in the workplace)
  3. 10 days (to the contracting agency)

NOTES:

The employee must take action within 30 days of the conviction and/or place them within an appropriate drug-rehabilitation program.

Contractors must act in good faith or are subject to penalties and can be suspended up to 5 years from future contracts.

25
Q
  1. The EEO-1 form must be filled before ___ (date/month) of the current year and must use data from one pay period between the months of __ (month range)?
  2. All federal contractors who have more than ___ (number) employees with contracts totaling $ ___ or more must file an EEO 1 report.

EXCEPTIONS to EEO-1 reporting requirements:

  • State and local govt
  • Primary and secondary schools
  • Institutions of higher education
  • Indian Tribes
  • Tax-exempt club memberships (other than labor organizations)
A
  1. September 30
  2. 50 - $50000

NOTES:

As of 2017, there are 12 report bands that must be included in the EEO-1 report. $19239 and under is the lowest with 208,000 and over being the highest

There are 7 categories that must be filed under the EEO for race:

  • Hispanic or Latino
  • White
  • Black or African American
  • Native Hawaiian or Other Pacific Islander
  • Asian
  • American Indian or Alaska NAtive
  • Two or More Races (not Hispanic or Latino)

There are 10 job categories:

  • Exec/Senior Officials and Managers
  • Midlevel Officials and Managers
  • Professionals
  • Technicians
  • Sales Workers
  • Admin Support Workers
  • Craft Workers
  • Operatives
  • Laborers and Helpers
  • Service Workers
26
Q

The Employment Retirement Income Security Act of __ (Year) requires what three types of reports?

A
  • 1974
  • Summary Plan Description (SPD), an annual report, and reports to individuals participating of their benefit rights.
27
Q

In regards to the ERISA (1974), a new SPD is required to be distributed every ___ (number) years if there are no changes or must be distributed every ___ (number) regardless if there are no updates/updates.

A
  • 5 years
  • 10 years
28
Q

ERISA requires annual reports to be filed for all employee benefit plans. What are three important things that must be done?

A
  1. Financial statements
  2. Number of employees in the plan
  3. Names and addresses of the fiduciaries.

NOTE:

The annual report must be audited by a CPA or other qualified public accountant and is given to the DOL. Documents become public records afterward.

29
Q
  1. In regards to participant benefit rights reports, ERISA records must be maintained for how many years?
  2. The annual reports must be filed within ___ (number) days of the end of the plan year. If rejected, the organization has ___ (number) days to resubmit.

NOTE:

If there are still issues, the DOL retains the right to conduct an audit and press civil actions.

A
  • 6 years
  • 210 days; 45 days
30
Q

___ refers to the point at which employees own the contributions their employer has made to the pension plan whether or not they remained employed with the company.

A

Vesting

NOTE:

Employees are always 100 percent vested in their own money but must earn the right to be vested in the employer’s contribution.

31
Q

What are the two types of delayed vesting?

A
  • cliff vesting
  • graded vesting

NOTE: Immediate vesting occurs when employees are 100 percent vested or as soon as they meet the eligibility requirements of the plan.

With Cliff Vesting, participants become 100 percent vested after a specified period of time. ERISA sets the maximum period at five years for qualified plans, which means employees are zero percent vested until five years are complete.

Graded Vesting establishes a vesting schedule that provides partial vesting each year for a specified number of years. 20 percent must be allowed by 3 years and 20 percent each year after that… resulting in being fully vested until seven years of service.

32
Q

A __ is a person, corporation, or other legal entity that holds property or assets on behalf of the pension funds.

A

Fiduciary

NOTE: Fiduciaries must provide the lowest possible expense, must maintain money separate from business operations funds, and are personally liable for losses to the plan resulting from any breach of fiduciary responsibility that they commit.

33
Q

COBRA stands for ___ and was passed in what year?

This is required for businesses with ___ or more employees to provide continuation coverage under certain circumstances.

A
  1. Consolidated Omnibus Budget Reconciliation Act (1986)
  2. 20 employees+

NOTE: Employees who fail to pay on their coverage after 30 days may have their coverage cancelled by the employee

34
Q
  1. In regards to COBRA, they may charge ___ (number) percent of the group premium for coverage.
  2. Employees must notify the employer within ___ days of a divorce, a separation, or loss of a child’s dependent status.
A
  • 102 percent (2% is an administration fee)
  • 60 days
35
Q
  1. Employees who require COBRA have the benefit for __ (number) of months when disabled either from the reduction of hours or employee termination.
  2. When not disabled, it’s the same but for __ (number) months.
A
  1. 29 months
  2. 18 months

NOTE: Employee death, divorce, or legal separation, the dependent child no longer covered are 36 months.

36
Q
  1. HIPAA stands for ___ and was passed in ___ (year).
  2. In what year were privacy regulations added? (year)
A
  1. Health Insurance Portability and Accountability Act (of 1996)
  2. 2001 (HHS issued privacy regulations that were required by HIPPA).
37
Q

HIPPA penalties apply for what of each of the three groups?

A
  1. A conviction for obtaining or disclosing PHI (up to $50000 fine; 1 year in prison).
  2. Obtaining PHI under false pretense (result in fines of up to $100,000 and 5 years in prison)
  3. Obtaining or disclosing PHI with the intent of selling, transferring, or using it to obtain commercial advantage or personal gain (results in up to $250,000 and 10 years in prison)
38
Q
  1. What is the FCRA and what year was it passed?
  2. What does CRA stand for?
  3. Who empowers the Act?
A
  1. Fair Credit Reporting Act of 1970
  2. Credit Reporting Agency (CRA)
  3. Federal Trade Commission (FTC)
39
Q

___ (number) days requires that the employer must notify the employee in pulling credit reporting information.

If requested by the employee about the information from the credit report/procedure; the information must be provided by the employer within ___ (number) days.

A
  1. Three days
  2. Five Days

NOTE: Employees can request a yearly credit report** from the FCRA amendment (Fair and Accurate Credit Transactions - FACT in 2003). **Paper documents must be shredded, pulverized, or burned.

SPHR /w PHR (3 decks)

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