Chapter 3 Diversity and laws

Question 1

National Labor Relations Act of 1935

Answer 1

Prohibits retaliation against employees seeking to unionize

Question 2

Fair Labor Standards Act (FLSA) of 1938

Answer 2

Establishes both a national minimum wage and overtime rules

Question 3

Equal Pay Act of 1963

Answer 3

Prohibits wage discrimination on the basis of sex

Question 4

Title VII of the Civil Rights Act of 1964

Answer 4

Prohibits employment discrimination based on race, color, religion, sex, or national origin

Question 5

Age Discrimination in Employment Act (ADEA) of 1967

Answer 5

Protects people 40 years of age or older

Question 6

Rehabilitation Act of 1973

Answer 6

Prohibits discrimination against qualified individuals with a disability

Question 7

Vietnam Era Veterans’ Reajustment Assistance Act of 1974 (VEVRAA)(Amended in 2002 by the Jobs for Veterans Act

Answer 7

Prohibits discrimination against and requires affirmative action for disabled veterans as well as other categories of veterans

Question 8

Pregnancy Discrimination Act of 1978

Answer 8

Prohibits discrimination for all employment-related purposes on the basis of pregnancy, childbirth, or related medical conditions

Question 9

Consolidated Omnibus Budget Reconciliation Act (COBRA) of 1986

Answer 9

Employers with group health plans and 20 or more employees in the prior year must offer continued health and dental insurance coverage to terminated employees for limited periods of time

Question 10

Worker Adjustment and Retraining Notification Act (WARN) of 1988

Answer 10

Employers with at least 100 employees must give at least 60 days’ notice to workers of plant closings or mass layoffs of 50 or more people (excluding part-time workers)

Question 11

Americans with Disabilities Act of 1990 (Amended in 2008)

Answer 11

Prohibits discrimination of a qualified individual with or perceived as having a disability; focus on fair treatment and reasonable accommodation

Question 12

Family and Medical Leave Act of 1993

Answer 12

Requires leave and job-return for personal or family medical reasons and for the care of newborn or newly adopted children

Question 13

The Uniformed Services Employment and Reemployment Rights Act (USERRA) of 1994

Answer 13

Ensures that members of the uniformed services are entitled to return to their civilian employment after their service

Question 14

Genetic Information Nondiscrimination Act of 2008

Answer 14

Prohibits employers from discriminating against individuals based on the results of genetic testing when making hiring, firing, job placement, or promotion decisions

Question 15

Unfair discrimination

Answer 15

occurs when employment-related decisions and actions are not job-related, objective, or merit-based.

Question 16

Fair discrimination

Answer 16

is when only objective, merit-based, and job-related characteristics are used to determine employment-related decisions.

Question 17

Unlawful employment practices

Answer 17

are those that violate a federal, state, or local employment law, for example by unfairly discriminating against people with legally protected characteristics including pregnancy, religion, or age. An employment decision can be unfair without being unlawful. For example, if a manager’s favorite sports team loses, and he goes to work the next day and fires anyone wearing the opposing team’s colors, the manager has not broken any laws (as long as he has not disproportionately fired employees in any protected group), although this is obviously unfair and not strategic. This actually happened when a salesperson was fired for wearing a Green Bay Packers tie to work after the Packers won an NFC title game against the Chicago Bears.

Question 18

. Equal employment opportunity (EEO)

Answer 18

means that employment practices must be designed and used in a manner that treats employees and applicants consistently regardless of their protected characteristics

Question 19

Inclusion

Answer 19

means that everyone feels respected and listened to, and everyone contributes to their fullest potential

Question 20

Common law

Answer 20

is the body of case-by-case court decisions that determines what is legal and what remedies are appropriate.

Question 21

workplace tort

Answer 21

a civil wrong in which an employer violates a duty owed to its customers or employees, is handled at the state level. An example of a tort is when an employee agrees to let a company use her photo in an employee newsletter, but the employer later uses it in a public advertisement without her permission

Question 22

bona fide occupational qualification (BFOQ)

Answer 22

a characteristic that is essential to the successful performance of a relevant job function, and the essence of the business operation would be undermined by including or excluding members with a protected characteristic. For example, corrections facilities with gender segregated wards usually require at least one staff member of the same gender as the inmates to always be on duty.

Question 23

Reasonable accommodation

Answer 23

an employer is required to take reasonable steps to accommodate a disability unless it would cause the employer undue hardship.

Question 24

Affirmative action

Answer 24

proactive efforts to eliminate discrimination and its past effects

Question 25

protected classes

Answer 25

groups underrepresented in employment—particularly Black Americans, Native Americans, Asian Americans, Hispanic Americans, and women

Question 26

affirmative action plan

Answer 26

describes in detail the actions to be taken, procedures to be followed, and standards to be met when establishing an affirmative action program

Question 27

Preferential treatment

Answer 27

employment preference given to a member of a protected group, can temporarily be given to qualified applicants from underrepresented protected groups only in cases settled by a court of law—a company cannot legally decide on its own to give a protected group preferential treatment.

Question 28

independent contractor

Answer 28

an individual or business that provides services to another individual or business that controls or directs only the result of the work

Question 29

Sexual harassment

Answer 29

refers to unwelcome sexual advances, requests for favors, and other verbal or physical conduct of a sexual nature

Question 30

quid pro quo harassment

Answer 30

f an employee is demoted because she refuses a date with her supervisor, the supervisor’s conduct is clearly illegal.

Question 31

hostile environment harassment

Answer 31

When the harassment creates a hostile, intimidating, or otherwise offensive working environment

Question 32

Disparate treatment

Answer 32

intentional discrimination based on a protected characteristic

Question 33

Adverse impact

Answer 33

occurs when an employment practice has a disproportionate effect on a protected group, regardless of its intent

Question 34

race norming

Answer 34

comparing an applicant’s scores only to members of his or her own racial subgroup and setting separate passing or cutoff scores for each subgroup, is unlawful

Question 35

Fraudulent recruitment

Answer 35

truth in hiring involves misrepresenting the job or the organization to a recruit

Question 36

Negligent hiring

Answer 36

a tort claim based on the common law concept that an employer has a general obligation not to hire an applicant it knows or should have known could harm a third party

Question 37

stereotype

Answer 37

a belief that everyone in a group shares certain characteristics or will behave in the same way