Ch29 Employee's Rights Flashcards
It only applies to Congress in terms of U.S. government.
Civil Rights Act of 1964
The act applies to employers who have fifteen or more employees who affect interstate commerce, or labor unions with fifteen or more members.
Civil Rights Act of 1964
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.
Civil Rights Act of 1964
Discrimination is claimed on either of two theories: disparate treatment/impact.
Civil Rights Act of 1964
Intentional discrimination against a particular individual.
Disparate treatment
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.
Disparate treatment
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.
Disparate treatment
Fair policy disproportionately affecting protected class.
Disparate treatment
Employee must show an action taken by the employer which appears fair, negatively and disproportionately affected a protected class of employers.
Disparate treatment
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.
Sexual harassment
An alleged victim of sexual harassment must show the environment was one which an objectively reasonable person would find abusive.
Sexual harassment
Additionally, the victim must show the environment was abusive.
Sexual harassment
If these two requirements are met, the environment alone is actionable.
Sexual harassment
Act requires employers pay men and women equally for equal work.
Equal Pay Act
To be equal work, the jobs must be performed under similar working conditions and require equivalent skill, effort, responsibility.
Equal Pay Act
Equal Pay Act: An employer is not required to pay equally if the basis of payments are:
A seniority system
Equal Pay Act: An employer is not required to pay equally if the basis of payments are:
A merit system
Equal Pay Act: An employer is not required to pay equally if the basis of payments are:
Quantity or quality production
Equal Pay Act: An employer is not required to pay equally if the basis of payments are:
A differential resulting from any factor other than sex.
This statute prohibits arbitrary age discrimination by employment agencies, employers, or labor unions against people aged forty and above.
Age Discrimination in Employment Act
This does not prohibit consideration of age when employing, but discrimination
Age Discrimination in Employment Act
Prohibits discrimination against qualified individuals with disabilities.
Americans with Disabilities Act
Americans with Disabilities Act: A physical or mental impairment.
A disability requires two elements
Americans with Disabilities Act: A substantial limitation of one or more major life activities.
A disability requires two elements
Lie detector test
Polygraph Testing
Used to determine whether certain employees had violated workplace rules and to screen applicants for employment.
Polygraph Testing
Employer may not use test results as the basis of the employment decision adverse to an employee who took such a test.
Polygraph Testing
The employer is investigating a specific incident of economic loss, such as theft or industrial espionage or sabotage.
Private employers may not use polygraph tests unless
The employer provides security services.
Private employers may not use polygraph tests unless
The employer manufactures, distributes, or dispenses drugs.
Private employers may not use polygraph tests unless
Courts have determined a blood test to be a search and seizure, a direct violation of the fourth amendment.
AIDS Testing
To determine whether a search is reasonable, the courts will weigh the intrusion of the procedure with the interests said to justify the intrusion.
AIDS Testing
The U.S. Supreme Court has recognized three government interests which justify random drug testing.
Drug Testing
Maintaining the integrity of employees in their essential mission
Government interests of random drug testing
Promoting public safety
Government interests of random drug testing
Protecting sensitive information
Government interests of random drug testing
Employers are free to terminate at-will employees who refuse drug tests.
Drug Testing
Employers might require it of employees for to make employment decisions to exclude people with a genetic “defect”–a greater risk for certain diseases.
DNA Testing
Employers might require it of employees for identification purposes.
DNA Testing
Employers should ascertain their legal rights before using DNA tests in making hiring, promotion, or salary decisions.
DNA Testing
Courts have upheld the legality of requiring DNA samples from criminals.
DNA Testing
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.
Family and Medical Leave
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.
Family and Medical Leave
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.
Family and Medical Leave
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.
Family and Medical Leave
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.
Family and Medical Leave
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.
Plant Closing Notification
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.
Plant Closing Notification
Notice must also be given for a mass layoff which occurs during a thirty-day period for at least 500 full-time employees
Plant Closing Notification
The right of employees to be protected from secondhand smoking is protected by state laws and restrictions for the workplace.
Smoking
Other Sources of Rights: Many other rights available to employers and employees under federal statute, including:
Rehabilitation Act
Other Sources of Rights: Many other rights available to employers and employees under federal statute, including:
Pregnancy Discrimination Act
Crossword Question: This also prohibits ____________ due to pregnancy, childbirth, or related conditions.
Discrimination
Crossword Question: This Act requires that employers pay men and women equally for equal work.
Equal Pay Act
Crossword Question: This testing is used and courts have upheld this use of testing for employees in order to promote safety.
Drug
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.
Hostile Work Environment
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…
Age Discrimination
Crossword Question: FMLA only applies to employers who have over this many employees for twenty weeks during the year.
Fifty
Crossword Question: Women are in this.
Protected Class
Crossword Question: A person who has a history of an impairment that limits a major life activity…is eligible for the benefits of _____.
ADA
Crossword Question: This is the intentional discrimination against a particular individual.
Disparate Treatment
Crossword Question: This agency hears complaints alleging violations of Title VII and other laws.
EEOC
Crossword Question: These laws protect employees from discrimination on a number of grounds like the Equal Pay Act.
Federal
Crossword Question: This testing can only be used for two reasons; one of which is for identification purposes.
DNA
Crossword Question: The use of this testing is prohibited with private employers unless specific criteria is met.
Polygraph
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.
FMLA
Crossword Question: Plaintiffs make a case by showing direct evidence of discrimination or by showing this many essential elements.
Four
Cengage Learning: Fair policy Disproportionately affecting protected class
Disparate Impact
Cengage Learning: Intentional discrimination against a particular individual
Disparate Treatment
Cengage Learning: Alteration of terms or conditions of employment by harassment
Hostile Work Environment
Cengage Learning: Lie detector
Polygraph
Cengage Learning: Group protected by antidiscrimination laws
Protected Class
- All federal laws apply to all employees.
False
- Title 18 of the Civil Rights Act of 1948 applies to employers and labor unions.
False
- 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.
False
- Title VII provides protection from unwelcome sexual advances that create a hostile work environment.
True
- For safety reasons, the courts have allowed companies to perform random drug testing.
True
- 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.
True
- ADA stands for Americans with Dysfunctional Aptitudes.
False
- Restrictive smoking legislation is uniform around the country.
False
- The ADA requires employers to provide reasonable accommodation for employees who use illegal drugs.
False
- A lie detector device is called a ________.
Polygraph
- The Age Discrimination in Employment Act prohibits arbitrary age discrimination by employment agencies, employers, and labor unions against persons aged ________ or above.
40
- What would not be considered a major life activity for ADA purposes?
Swimming
- The Family and Medical Leave Act does not allow an employee to take an unpaid leave of absence for:
a child’s state soccer tournament.
- Select the correct answer
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.
