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Business Law > Ch29 Employee's Rights > Flashcards

Ch29 Employee's Rights Flashcards

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0
Q

It only applies to Congress in terms of U.S. government.

A

Civil Rights Act of 1964

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1
Q

The act applies to employers who have fifteen or more employees who affect interstate commerce, or labor unions with fifteen or more members.

A

Civil Rights Act of 1964

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3
Q

The act makes it unlawful employment practice for an employer to fail to hire, discharge, or discriminate because of the individual’s race, color, religion, sex, or national origin.

A

Civil Rights Act of 1964

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4
Q

Discrimination is claimed on either of two theories: disparate treatment/impact.

A

Civil Rights Act of 1964

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5
Q

Intentional discrimination against a particular individual.

A

Disparate treatment

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6
Q

The plaintiff must show: 1. They belong to one of the protected classes, and 2. They were qualified for the job or performed their job well.

A

Disparate treatment

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7
Q

The plaintiff must show: 3. They suffered an adverse employment action, AND 4. A person not in the protected class got the job or did not suffer the adverse action.

A

Disparate treatment

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8
Q

Fair policy disproportionately affecting protected class.

A

Disparate treatment

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9
Q

Employee must show an action taken by the employer which appears fair, negatively and disproportionately affected a protected class of employers.

A

Disparate treatment

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10
Q

Title VII protects an employee on the basis of sex against an employer who engages in or allows unwelcome sexual advances, creating a hostile work environment.

A

Sexual harassment

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11
Q

An alleged victim of sexual harassment must show the environment was one which an objectively reasonable person would find abusive.

A

Sexual harassment

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12
Q

Additionally, the victim must show the environment was abusive.

A

Sexual harassment

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13
Q

If these two requirements are met, the environment alone is actionable.

A

Sexual harassment

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14
Q

Act requires employers pay men and women equally for equal work.

A

Equal Pay Act

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15
Q

To be equal work, the jobs must be performed under similar working conditions and require equivalent skill, effort, responsibility.

A

Equal Pay Act

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16
Q

Equal Pay Act: An employer is not required to pay equally if the basis of payments are:

A

A seniority system

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17
Q

Equal Pay Act: An employer is not required to pay equally if the basis of payments are:

A

A merit system

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18
Q

Equal Pay Act: An employer is not required to pay equally if the basis of payments are:

A

Quantity or quality production

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19
Q

Equal Pay Act: An employer is not required to pay equally if the basis of payments are:

A

A differential resulting from any factor other than sex.

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20
Q

This statute prohibits arbitrary age discrimination by employment agencies, employers, or labor unions against people aged forty and above.

A

Age Discrimination in Employment Act

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21
Q

This does not prohibit consideration of age when employing, but discrimination

A

Age Discrimination in Employment Act

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22
Q

Prohibits discrimination against qualified individuals with disabilities.

A

Americans with Disabilities Act

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23
Q

Americans with Disabilities Act: A physical or mental impairment.

A

A disability requires two elements

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24
Q

Americans with Disabilities Act: A substantial limitation of one or more major life activities.

A

A disability requires two elements

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25
Q

Lie detector test

A

Polygraph Testing

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26
Q

Used to determine whether certain employees had violated workplace rules and to screen applicants for employment.

A

Polygraph Testing

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27
Q

Employer may not use test results as the basis of the employment decision adverse to an employee who took such a test.

A

Polygraph Testing

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28
Q

The employer is investigating a specific incident of economic loss, such as theft or industrial espionage or sabotage.

A

Private employers may not use polygraph tests unless

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29
Q

The employer provides security services.

A

Private employers may not use polygraph tests unless

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30
Q

The employer manufactures, distributes, or dispenses drugs.

A

Private employers may not use polygraph tests unless

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31
Q

Courts have determined a blood test to be a search and seizure, a direct violation of the fourth amendment.

A

AIDS Testing

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32
Q

To determine whether a search is reasonable, the courts will weigh the intrusion of the procedure with the interests said to justify the intrusion.

A

AIDS Testing

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33
Q

The U.S. Supreme Court has recognized three government interests which justify random drug testing.

A

Drug Testing

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34
Q

Maintaining the integrity of employees in their essential mission

A

Government interests of random drug testing

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35
Q

Promoting public safety

A

Government interests of random drug testing

36
Q

Protecting sensitive information

A

Government interests of random drug testing

37
Q

Employers are free to terminate at-will employees who refuse drug tests.

A

Drug Testing

38
Q

Employers might require it of employees for to make employment decisions to exclude people with a genetic “defect”–a greater risk for certain diseases.

A

DNA Testing

39
Q

Employers might require it of employees for identification purposes.

A

DNA Testing

40
Q

Employers should ascertain their legal rights before using DNA tests in making hiring, promotion, or salary decisions.

A

DNA Testing

41
Q

Courts have upheld the legality of requiring DNA samples from criminals.

A

DNA Testing

42
Q

This law allows an employee to take an unpaid leave up to twelve workweeks in a twelve-month period Because of the birth, adoption, or foster care of the employee’s child.

A

Family and Medical Leave

43
Q

This law allows an employee to take an unpaid leave up to twelve workweeks in a twelve-month period to care for the employee’s spouse, child, or parent with a serious health condition.

A

Family and Medical Leave

44
Q

This law allows an employee to take an unpaid leave up to twelve workweeks in a twelve-month period because of a serious health condition that makes the employee unable to perform the job.

A

Family and Medical Leave

45
Q

This law allows an employee to take an unpaid leave up to twelve workweeks in a twelve-month period because of an emergency from an employee’s spouse, child, or parent who is a military member on active duty.

A

Family and Medical Leave

46
Q

An employee may also take up to 26 weeks of a leave in a twelve-month period to care for certain service members with a serious injury or illness.

A

Family and Medical Leave

47
Q

A business which employs 100 or more employees must give a sixty days’ written notice of plant closing resulting in an “employment loss” for fifty or more employees.

A

Plant Closing Notification

48
Q

Notice must also be given for a mass layoff which occurs during a thirty-day period for thirty-three percent of the full-time employees.

A

Plant Closing Notification

49
Q

Notice must also be given for a mass layoff which occurs during a thirty-day period for at least 500 full-time employees

A

Plant Closing Notification

50
Q

The right of employees to be protected from secondhand smoking is protected by state laws and restrictions for the workplace.

A

Smoking

51
Q

Other Sources of Rights: Many other rights available to employers and employees under federal statute, including:

A

Rehabilitation Act

52
Q

Other Sources of Rights: Many other rights available to employers and employees under federal statute, including:

A

Pregnancy Discrimination Act

53
Q

Crossword Question: This also prohibits ____________ due to pregnancy, childbirth, or related conditions.

A

Discrimination

54
Q

Crossword Question: This Act requires that employers pay men and women equally for equal work.

A

Equal Pay Act

55
Q

Crossword Question: This testing is used and courts have upheld this use of testing for employees in order to promote safety.

A

Drug

56
Q

Crossword Question: This happens only when a protected class is sexually harassed and that alters the terms or conditions of employment, creating an abusive work environment.

A

Hostile Work Environment

57
Q

Crossword Question: This Act protects people aged forty and over from being targeted to be fired or failing to hire based solely on their age…

A

Age Discrimination

58
Q

Crossword Question: FMLA only applies to employers who have over this many employees for twenty weeks during the year.

A

Fifty

59
Q

Crossword Question: Women are in this.

A

Protected Class

60
Q

Crossword Question: A person who has a history of an impairment that limits a major life activity…is eligible for the benefits of _____.

A

ADA

61
Q

Crossword Question: This is the intentional discrimination against a particular individual.

A

Disparate Treatment

62
Q

Crossword Question: This agency hears complaints alleging violations of Title VII and other laws.

A

EEOC

63
Q

Crossword Question: These laws protect employees from discrimination on a number of grounds like the Equal Pay Act.

A

Federal

64
Q

Crossword Question: This testing can only be used for two reasons; one of which is for identification purposes.

A

DNA

65
Q

Crossword Question: The use of this testing is prohibited with private employers unless specific criteria is met.

A

Polygraph

66
Q

Crossword Question: This law allows an employee to take unpaid leave of up to twelve work weeks in a 12 month period for several stated reasons.

A

FMLA

67
Q

Crossword Question: Plaintiffs make a case by showing direct evidence of discrimination or by showing this many essential elements.

A

Four

68
Q

Cengage Learning: Fair policy Disproportionately affecting protected class

A

Disparate Impact

69
Q

Cengage Learning: Intentional discrimination against a particular individual

A

Disparate Treatment

70
Q

Cengage Learning: Alteration of terms or conditions of employment by harassment

A

Hostile Work Environment

71
Q

Cengage Learning: Lie detector

A

Polygraph

72
Q

Cengage Learning: Group protected by antidiscrimination laws

A

Protected Class

73
Q
  1. All federal laws apply to all employees.
A

False

74
Q
  1. Title 18 of the Civil Rights Act of 1948 applies to employers and labor unions.
A

False

75
Q
  1. In a discrimination case, a short person could recover if she was discriminated against because of her height while interviewing for a department store sales clerk position.
A

False

76
Q
  1. Title VII provides protection from unwelcome sexual advances that create a hostile work environment.
A

True

77
Q
  1. For safety reasons, the courts have allowed companies to perform random drug testing.
A

True

78
Q
  1. The Equal Pay Act prohibits employers from discriminating on the basis of sex by paying female employees at a rate less than the rate at which male employees are paid for equal work.
A

True

79
Q
  1. ADA stands for Americans with Dysfunctional Aptitudes.
A

False

80
Q
  1. Restrictive smoking legislation is uniform around the country.
A

False

81
Q
  1. The ADA requires employers to provide reasonable accommodation for employees who use illegal drugs.
A

False

82
Q
  1. A lie detector device is called a ________.
A

Polygraph

83
Q
  1. The Age Discrimination in Employment Act prohibits arbitrary age discrimination by employment agencies, employers, and labor unions against persons aged ________ or above.
A

40

84
Q
  1. What would not be considered a major life activity for ADA purposes?
A

Swimming

85
Q
  1. The Family and Medical Leave Act does not allow an employee to take an unpaid leave of absence for:
A

a child’s state soccer tournament.

86
Q
  1. Select the correct answer
A

Employer is a government agency that makes nuclear weapons. In this case, Employer may require employees who make the weapons to take reasonable drug tests.

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