Ch 12. Employee Rights and Discrimination

Question 1

Difference between Civil Rights Act of 1866 and Civil Rights Act of 1964 (356)

Answer 1

1866: limited to state action
1964: extended protection to private acts

Question 2

The term ___ refers to an act that treats another person differently because of a prohibited classification. (358)

Answer 2

discrimination

Question 3

Title VII of the Civil Rights Act of 1964 created ___, whose task is to oversee implementation and enforcement of Title VII. (358)

Answer 3

the Equal Employment Opportunity Commission (EEOC)

Question 4

Discrimination in which a particular victim (or group of victims) is treated differently because of a prohibited classification. (359)

Answer 4

Disparate treatment

Question 5

Disparate treatment discrimination is based upon ___. (359)

Answer 5

an intentional act of discrimination

Question 6

The appearance of nondiscrimination, but has the effect of discriminating. (364)

Answer 6

Disparate impact

Question 7

Difference between disparate treatment and disparate impact: (364)

Answer 7

Treatment: the identity of the injured party is usually quite clear
Impact: it may be impossible to identify a particular victim

Question 8

A suit brought by certain named individuals on behalf of all persons similarly situated. (364)

Answer 8

Class action lawsuit

Question 9

A court order, the terms of which have been agreed to by the parties to the suit and which is overseen and enforced by the court. (365)

Answer 9

A consent decree

Question 10

The right of a person to compete for a job and/or be promoted on the basis of his knowledge, skill, and abilities, free from unlawful discrimination. (393)

Answer 10

Equal employment opportunity

Question 11

Equal employment opportunity laws require the elimination of ___. (393)

Answer 11

unlawful barriers to employment

Question 12

Positive steps taken to increase the presence of minorities and women in the workforce and in education. (393)

Answer 12

Affirmative action

Question 13

The ___ prohibits discrimination against anyone because of a disability, and requires buildings to be made accessible. (396)

Answer 13

Americans with Disabilities Act (ADA)

Question 14

6 key definitions under ADA: (396-397)
Individual with a disability:
Major life activities:
Qualified individual with a disability:
Reasonable accommodation:
Essential functions:
Undue hardships:

Answer 14

Individual with a disability: Person with physical or mental impairment that substantially limits one or more major life activity, has record of it, or is regarded as such.

Major life activities: Activities that an average person can perform with little or no difficulty.

Qualified individual with a disability: Someone with requisite qualifications of position and who, WITH OR WITHOUT reasonable accommodations, can perform the functions of the position.

Reasonable accommodation: Modification or adjustment to a job or work environment enabling a qualified indv. to perform job functions.

Essential functions: Those fundamental duties of a position that a person must be able to perform.

Undue hardships: An action that requires an employer to incur significant difficulty or expense.

Question 15

A job offer may be conditioned on the results of a medical examination, but only if ___. (397)

Answer 15

the examination is required of all new employees in that job category.

Question 16

Under the ADA and Title VII, physical abilities tests are limited to tests that ___. (399)

Answer 16

validly measure the ability to perform essential functions

Question 17

The [physical abilities test] validation process starts with ___. (399)

Answer 17

a job task analysis, conducted by a credentialed expert, who identifies the essential functions for the job.

Question 18

Physical abilities tests that replicate ___ are more easily validated. (400)

Answer 18

essential functions of a job

Question 19

In the absence of a formal job task analysis, those activities listed in ___ will be presumed to be essential functions for ADA purposes. (400)

Answer 19

a job description

Question 20

Medical examinations and requirements must be based on ___, as well as the associated ___. (401)

Answer 20

the actual demands of the job, as well as the associated environmental hazards.

Question 21

Age Discrimination in Employment Act (ADEA) applies to discrimination against persons over the age of ___. (405)

Answer 21

40

Question 22

Whenever a fire department policy impacts older workers, the fire department must be prepared to establish valid scientific reasons to support its contention that the policy is essential due to ___. (409)

Answer 22

business necessity