Chapter 2 Flashcards
Give an example of recruitment that is likely to be considered illegal.
“Young store executives needed” (p. 26)
Affirmative action means that an employer takes proactive measures to:
increase the number of women and minorities in the workforce. (p. 26)
_____ occurs when individuals with a particular characteristic are treated differently from others.
Disparate treatment (p. 28)
_____ occurs when an employment practice has an adverse effect on individuals with a particular characteristic.
Disparate impact (p.28)
Give an example of a scenario that is considered illegal according to the Civil Rights Act of 1964.
Segregating employees on the basis of their ethnicity (p. 28)
What is distinctive of the Civil Rights Act of 1991?
It strengthens legal protection for employees, provides for jury trials and allows for damages payable. (p. 31)
The _____ requires that qualified individuals be given up to 12 weeks of unpaid family
leave and also requires that those taking family leave be allowed to return to jobs.
Family and Medical Leave Act (p. 32)
What is distinctive about the Equal Pay Act of 1963?
It requires employers to give similar wage rates for similar work without regard to gender. (p.33)
The _____ eliminates the statute of limitations for employees who file pay discrimination claims under the Equal Pay Act.
Lilly Ledbetter Fair Pay Act (p.33)
What is nepotism?
It is the practice of allowing relatives to work for the same employer. (p.33)
What is an example of quid pro quo type of sexual harassment?
A supervisor giving a pay hike to an employee who performed sexual favors (p.35)
What is true of quid pro quo harassment?
A supervisor can be held guilty of quid pro quo harassment if he or she promotes an employee in return of sexual favors. (p. 35)
The Americans with Disabilities Act is enforced by the _____.
Equal Employment Opportunity Commission (p.37)
What type of employees are not covered under the ADA?
State government employees (p. 37)
The _____ requires employers to verify the employment status of all employees, while not discriminating because of national origin or ethnic background.
Immigration Reform and Control Act (p. 42)
True/False: Employers cannot discriminate on the basis of sex, religion, or national origin even if the characteristics can be justified as a bona fide occupational qualification.
False (p.29)
What is distinctive of the Uniformed Services Employment and Reemployment Rights Act?
Uniformed military personnel are provided up to five years of active duty service leave during which the employer must hold their job. (p. 43)
True/False: Executive Orders 11246, 11375, and 11478 require federal contractors to take affirmative action to compensate for historical discrimination against women, minorities, and handicapped individuals.
True (p. 31)
The Pregnancy Discrimination Act (PDA) requires that employers treat maternity leave the same as other personal or medical leaves.
True (p. 32)
Provisions of the Affordable Care Act (2010) allow for break time and a private place for nursing mothers to express breast milk for one year after the birth of a child.
True (p. 32)
A hostile environment harassment is a type of sexual harassment in which employment outcomes are typically linked to the individual granting sexual favors.
False (p.35)
The Americans with Disabilities Act (ADA) covers all state government employees.
False (p. 37)
The Older Workers Benefit Protection Act ensures that older workers are not compelled or pressured into waiving their rights under the ADEA.
True (p. 40)
Short answer: Explain protected characteristics.
age, color, disability, genetic information, marital status, military status or experience, national origin, pregnancy, race, religion, sexual orientation (p.26)
Short answer: explain the concept of status-blind employment practices
Status-blind employment practices are decisions that are made without regard to an applicant/employee’s personal characteristics. (p.26)
Short answer: Define a bona fide occupational qualification.
A bona fide occupational qualification (BFOQ) is a characteristic that provides a legitimate reason for an employer to exclude persons on otherwise illegal bases of consideration. (p.29)
Short answer: what are the organizations that required to comply with the EEOC Act of 1972?
Private employers of 15 or more employees; all educational institutions, public and private, state and local governments, public and private employment agencies; labor unions with 15 or more members; joint labor/ management committees for apprenticeships and training (p. 30-31)
Short answer: what are the clauses that permit a difference in pay between men and women in the same job?
Differences in seniority, differences in performance, differences in quality and/or quantity of production/ factors other than sex, such as skill, effort, and working conditions (p.33)
Short answer: describe the important elements of an affirmative defense.
Establish a sexual harassment policy; communicate the policy regularly; train employees and managers on avoiding sexual harassment; investigate and take action when complaints are voices (p. 36)
