Chapter 42 Flashcards
Is employment discrimination illegal
Not per se.
Discrimination on a protected status is illegal though.
Discrimating against race, color, gender, religion, or national origin is illegal because of the
Civil Rights Act if 1964
The employer must do what for the religion of it’s employees
They must make reasonable efforts to accommodate.
They don’t have to accommodate if it constitutes as undue hardship
Retaliation
Is another discrimination claim if the employer retaliates after filing a complaint
The federal agency that enforces the Civil Rights Act
Equal Employment Opportunity Commision EEOC
EEOC.gov
In 2006 the charges to the EEOC were
The largest was race and the next was sex
When an employer uses a prohibited criterion in making an employment decision by treating some people less favorably
Disparate treatment
Neutral rules that adversely affect a protected class and is not justified by the business
Disparate impact
Quid pro quo sexual harassment
Making a benefit contingent on a sexual offer
Hostile work environment harassment
Unwelcome comments based on legally protected statuses making a bad work environment
Age discrimination is prohibited by the
Age Discrimination in Employment Act ADEA
Protects discrimination in hiring firing or compensating
ADEA does not protect
Employees from favoring an older employee for a younger one
ADEA prohibits mandatory
Retirement age unless it is justified
To file with the ADEA you must be
40+
Under common law, at will employment is
Term unable at will by either party unless the employment is for a definite term or the employee is represented by a labor union
Injured employees get
Workers compensation if they are injured because of their job
Workers comp gives the employer
Strict liability
Workers comp offers
A more generous pay than unemployment
Employers have to pay into what for each employee they have
The workers comp state fund
Who benefits from workers comp
The employee and employer
Workers comp spares the employer
Unpredictability of litigation
Employees are required to grant employees
Leave for serious health conditions or other certain events
FMLA is the
Family and Medical Leave Act
FMLA applies to
Employers with over 50 people
FMLA grants
Up to 12 weeks of leave during any year that is paid unpaid or a combination
The protected statuses are
Race color gender religion national origin
Who can add protected statuses
States and cities
BFOQ is what
Bonafide occupational qualification
This says an employee can make certain qualifications
Wrongful discharge is
It is wrongful if it violates a statutory or other established public policy
- Refusing to violate a statute
- Exercising a statutory right
- Performing statutory obligation
- Reporting a violation of a statute
You can be fired for
Any reason except an illegal reason if they are an at will employee
