April 1- Slide Set: Employment Law- Syed Flashcards
_______ is the practice of UNFAIRLY treating a person or group of people DIFFERENTLY from other people or groups of people.
Discrimination
________ discrimination is based on legitimate business needs.
LAWFUL
-CPR certificate
-ACLS certificate
-Graduation from an accredited Pharmacy school
-Valid license from the appropriate BOP
-Residency Required
(all examples of what?)
Lawful discrimination
T/F?
UNLAWFUL discrimination is NOT based on legitimate business needs
True
We have anti-discrimination laws that PROTECT against discrimination based on what 8 things?
- Race
- Sex
- Color
- Pregnancy
- National Origin
- Disability
- Religion
- Age
Name the five major federal anti-discrimination laws.
-The Fair Labor Standards Act of 1938 (FLSA)
-Title VII of Civil Rights Act of 1964
Age
-Discrimination in Employment Act of 1967 (ADEA)
-Pregnancy Discrimination Act of 1978 (PDA)
-Americans with Disabilities Act of 1990 (ADA)
What entity enforces federal anti-discrimination laws?
EEOC
- Equal Employment Opportunity Commission
Name the 4 steps of enforcement done by the EEOC.
- INVESTIGATE charge
- NEGOTIATE settlement
- CRIMINAL court
- CIVIL court
Name the 6 penalties for violations of anti-discrimination laws.
- Reinstatement
- Back pay
- Fringe benefit
- Reasonable attorney’s fees
- Compensatory damages
- Punitive damages
Which law does the following:
-distinguishes between EXEMPT and NON-EXEMPT employees.
The Fair labor standards act of 1938 (FLSA)
T/F?
According to FLSA compensation must be provided to EXEMPT workers who work more than 40 hours/week.
False
-NON-EXEMPT
(must be paid 1.5 hours times regular rate/hr over 40 hours)
T/F?
FLSA limits youth under the age of 18 years old on HOURS WORKED and HAZARDOUS ENVIRONMENTS
True
Which law Prohibits discrimination in hiring, firing, compensation, and terms, conditions or privileges of employment on basis of race, color, religion, sex or national origin?
Title VII of Civil rights act of 1964
What 2 types of unlawful behavior fall under the Title VII of Civil rights act of 1964?
Unequal treatment and unequal impact
T/F?
UNEQUAL treatment is harder to prove than unequal impact.
False
Unequal impact is harder to prove
______ is when something is impeding the ability to do/advance in a position.
Unequal impact
______ is applying Applying different standards to different employees within a protected class/category.
Unequal treatment
CAUTION: Interview questions should address relevant job criteria.
Name the inappropriate questions by employers.
- Origin of your name and ethnicity
- Age, birth-date, where you were born?
- Disabilities
- Hx of arrests
- Political affiliation
- Hx of substance abuse
- Religion (may depend for private institutions)
______ is treating lay people the same,without guaranteeing the results will be the same.
Unequal impact
Caution: Burden of proof is on the employer
Name the 2 exceptions to unequal impact.
- Seniority Systems
-Preferential treatment systems
(BFOQ)
_____ systems can discriminate if the system was not created to intentionally discriminate.
Seniority
______ systems set aside a portion of opportunities for minorities and women who have been victims of discrimination previously (i.e. Affirmative Action)
Preferential treatment
Bona fide occupational qualifications (BFOQ)
Employers are permitted to discriminate if there is a justified business reason
Which law makes it unlawful for an employer to fail or refuse to hire, to discharge, or otherwise discriminate because of age against individuals 40 years of age or older with respect to compensation, terms, conditions, or privileges of employment.
Age discrimination in employment act of 1967 (ADEA)
Name the 3 exceptions to ADEA.
- Bona fide occupational qualifications (BFOQ)
- Unequal impact on the protected age group
- Seniority systems
T/F?
Diagnosing age discrimination is very difficult.
True
Name the law:
Women affected by pregnancy must be treated the same as other applicants and employees on the basis of their ability or inability to work.
Employers could no longer require women to take leaves of absence or resign because of pregnancy
Pregnancy Discrimination Act of 1978 (PDA)
What prohibited Employers from requiring women to take leaves of absence or resign because of pregnancy.?
PDA
If pregnancy renders the employee unable to do the job. (2)
- The skill affected must relate to the central mission of the job.
- The employer must treat her the same as temporarily disabled employees.
If pregnancy endangers the health and safety of others. (2)
- Employee can be reassigned or put on a mandatory leave.
- Does not apply to safety of employee or fetus – only third parties.
Which law requires that employers of 50 or more workers to provide up to 12 weeks a year of unpaid, job-protected leave to take care of a newborn or newly adopted child?
Family Medical Leave Act of 1993 (FMLA)
T/F?
FMLA leave can be used to take care of a sick child, spouse or parent or because of the employee’s own serious illness. .
True
How long does FMLA last?
12 ( non-contingent) weeks.
What law prohibits discrimination against a qualified individual with a disability in any areas of employment, including: hiring, promotion discharge and other terms and conditions of employment.
Americans with Disabilities Act of 1990 (ADA)
What ACT prohibits discrimination in public services (especially transportation), public accommodations, and telecommunication services.
ADA- Americans w/ Disabilities Act of 1990
________ restricts use of pre-employment medical exams and inquiries and requires employers to reasonably accommodate individuals who are mentally or physically impaired, have a record of impairment, or are perceived to be impaired.
ADA- Americans with Disabilities Act of 1990
________ is a disabled person has a physical or mental impairment that substantially limits his/her in a major life activity, e.g. employment.
Disability
T/F?
Disability includes those who have a record of impairment.
True
ADA:
The goal is to help disabled persons SUPPORT themselves by doing what? (2)
- REMOVING BARRIERS to employment
- IMPROVING ACCESS to public accommodations
What are the 8 physical or mental impairments?
- Orthopedic disorders
- Visual, speech, and hearing impairments
- Cerebral palsy,
- Epilepsy, muscular dystrophy, MS
- HIV infection, Cancer, Heart Disease, Diabetes
- Mental retardation, emotional illness, specific learning disabilities
- A past drug addiction
- Alcoholism
T/F?
Disabilities MUST affect MAJOR LIFE activity including EMPLOYMENT.
True
A PROTECTED DISABILITY
A PHYSICAL or MENTAL condition an EMPLOYER takes into consideration
When are ALCOHOLICS protected under ADA?
When they can perform essential functions
What can employers require of ALCOHOLICS?
- NOT TO USE alcohol or BE UNDER THE INFLUENCE while at work.
- Does not require employers to provide rehabilitation programs
T/F?
CURRENT drug abusers ARE protected under the ADA.
False
- only PAST drug abusers are protected under ADA.
T/F?
SMOKERS ARE protected under the ADA.
False
-smokers are NOT covered under the ADA.
T/F?
Employers can require that smokers do not smoke during work hours or on public property.
True
What states that employers CANNOT discriminate based on a legal, off-the-job activity, such as SMOKING.
Lifestyle discriminating statues
Name the groups that are excluded from coverage under ADA. (5)
- CURRENT drug abusers
- Smokers
- Homosexuals
-People with SEXUAL DISORDERS
-Compulsive gamblers
(local and state laws may offer protection)
T/F?
In order to be PROTECTED by the ADA, an employee MUST BE ABLE to PERFORM the essential FUNCTIONS of the JOB when reasonably accommodated by the employer
True
Name the 5 “reasonable accommodations” that the ADA provides.
- Job restructuring
- Modified work schedules
- Reassignment to a vacant position
- Acquisition or modification of equipment or devices
- Provision of readers or interpreters
T/F?
Employers ARE NOT required to provide accommodations presenting an undue hardship.
True
- Accommodations causing significant difficulty or expense to the employer are an undue hardship.
What type of case does the EEOC examine case by case?
Undue Hardship Cases
Can questions regarding disability be asked during an interview?
NO
- Can ask an applicant to describe/demonstrate how he/she will perform the essential functions of the job with or without accommodation.
- If a disability is claimed, but is not apparent, you can ask for certification.
When can PHYSICAL exams be required?
- AFTER the job is offered
- usually required of ALL candidates for the position
T/F?
The EMPLOYER has an obligation to request ACCOMMODATION.
False
- The candidate with the disability
Is it illegal to refuse to hire a qualified applicant because of his/her relationship with a disabled individual.
Yes
If an accommodation presents UNDUE HARDSHIP, it is the supervisor responsibility to do what?
offer the applicant the chance to pay for all or part him/herself or the ability to use his/her own equipment.
What may employers do as it pertains to PRIVACY LAWS?
- search work area
- survey the work
- test for drugs
What 2 legislation protect employee privacy?
- US Constitution- 4th Amendment
- Privacy Protection Act of 1974
US Constitution 4th amendment
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
What guarantees privacy and prohibits unreasonable searches and seizures by the Government?
US Constitution- 4th Amendment
- written to protect the individual/employees of the government
T/F?
Privacy for PRIVATE SECTOR employees is not mention in any constitution.
- True
- BOTTOM LINE: There isn’t very much legal support in the private sector regarding an employee’s right to privacy.
Which ACT only MADE RECOMMENDATIONS and established the Privacy Protection Study Commission?
The Privacy Protection Act of 1974
- for private employers in 3 areas
What are the 3 areas that the Privacy Protection Study Commission makes recommendations for under the Privacy Protection Act of 1974
- Record Review
- Outside Requests
- Employee Access
What defines criminal defamation and invasion of privacy?
The GA State Constitution under “offenses against public order and safety”
- NOT specific to workplace setting
Criminal Defamation
- Defined in GA State Constitution
- Ruining a person’s good name
- Communicating false information without a privilege to do so.
- Employer’s defense: Information revealed on a “need to know” basis.
Invasion of Privacy
- A private place is a place where one can expect to be safe from intrusion
- In a private place, it is unlawful to eavesdrop, observe, intercept a private conversation out of the public view, or private messages
- EMPLOYER’S Defense:
- Workplace is property of the employer
- Employee can expect privacy only in:
- Personal belongings
- Locked Items
Examples of Defamation and Invasion of Privacy at work. (5)
- Statements implying illegal or immoral conduct of an employee.
- Disclosure of an employee’s medical condition to co-workers.
- Disclosure of information contained in employee’s personnel file.
- Searches of an employee’s purse or mail.
- Asking personal and non-work related questions during a polygraph exam.
What ACT prohibits private employers from using polygraphs?
Employee Polygraph Protection Act of 1988
What businesses are exempt from EPPA? (3)
- Firms with on-going investigations of theft
- Security firms
- Firms that handle controlled substances
T/F?
Employees have a reasonable expectation of privacy if the area/item is locked and the employer did not gain prior consent.
True
