Chapter 2 Flashcards

1
Q

Give an example of recruitment that is likely to be considered illegal.

A

“Young store executives needed” (p. 26)

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2
Q

Affirmative action means that an employer takes proactive measures to:

A

increase the number of women and minorities in the workforce. (p. 26)

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3
Q

_____ occurs when individuals with a particular characteristic are treated differently from others.

A

Disparate treatment (p. 28)

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4
Q

_____ occurs when an employment practice has an adverse effect on individuals with a particular characteristic.

A

Disparate impact (p.28)

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5
Q

Give an example of a scenario that is considered illegal according to the Civil Rights Act of 1964.

A

Segregating employees on the basis of their ethnicity (p. 28)

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6
Q

What is distinctive of the Civil Rights Act of 1991?

A

It strengthens legal protection for employees, provides for jury trials and allows for damages payable. (p. 31)

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7
Q

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.

A

Family and Medical Leave Act (p. 32)

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8
Q

What is distinctive about the Equal Pay Act of 1963?

A

It requires employers to give similar wage rates for similar work without regard to gender. (p.33)

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9
Q

The _____ eliminates the statute of limitations for employees who file pay discrimination claims under the Equal Pay Act.

A

Lilly Ledbetter Fair Pay Act (p.33)

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10
Q

What is nepotism?

A

It is the practice of allowing relatives to work for the same employer. (p.33)

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11
Q

What is an example of quid pro quo type of sexual harassment?

A

A supervisor giving a pay hike to an employee who performed sexual favors (p.35)

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12
Q

What is true of quid pro quo harassment?

A

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)

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13
Q

The Americans with Disabilities Act is enforced by the _____.

A

Equal Employment Opportunity Commission (p.37)

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14
Q

What type of employees are not covered under the ADA?

A

State government employees (p. 37)

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15
Q

The _____ requires employers to verify the employment status of all employees, while not discriminating because of national origin or ethnic background.

A

Immigration Reform and Control Act (p. 42)

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16
Q

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.

A

False (p.29)

17
Q

What is distinctive of the Uniformed Services Employment and Reemployment Rights Act?

A

Uniformed military personnel are provided up to five years of active duty service leave during which the employer must hold their job. (p. 43)

18
Q

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.

A

True (p. 31)

19
Q

The Pregnancy Discrimination Act (PDA) requires that employers treat maternity leave the same as other personal or medical leaves.

A

True (p. 32)

20
Q

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.

A

True (p. 32)

21
Q

A hostile environment harassment is a type of sexual harassment in which employment outcomes are typically linked to the individual granting sexual favors.

A

False (p.35)

22
Q

The Americans with Disabilities Act (ADA) covers all state government employees.

A

False (p. 37)

23
Q

The Older Workers Benefit Protection Act ensures that older workers are not compelled or pressured into waiving their rights under the ADEA.

A

True (p. 40)

24
Q

Short answer: Explain protected characteristics.

A

age, color, disability, genetic information, marital status, military status or experience, national origin, pregnancy, race, religion, sexual orientation (p.26)

25
Q

Short answer: explain the concept of status-blind employment practices

A

Status-blind employment practices are decisions that are made without regard to an applicant/employee’s personal characteristics. (p.26)

26
Q

Short answer: Define a bona fide occupational qualification.

A

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)

27
Q

Short answer: what are the organizations that required to comply with the EEOC Act of 1972?

A

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)

28
Q

Short answer: what are the clauses that permit a difference in pay between men and women in the same job?

A

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)

29
Q

Short answer: describe the important elements of an affirmative defense.

A

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)