Chapter 42 Flashcards

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1
Q

Is employment discrimination illegal

A

Not per se.

Discrimination on a protected status is illegal though.

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2
Q

Discrimating against race, color, gender, religion, or national origin is illegal because of the

A

Civil Rights Act if 1964

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3
Q

The employer must do what for the religion of it’s employees

A

They must make reasonable efforts to accommodate.

They don’t have to accommodate if it constitutes as undue hardship

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4
Q

Retaliation

A

Is another discrimination claim if the employer retaliates after filing a complaint

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5
Q

The federal agency that enforces the Civil Rights Act

A

Equal Employment Opportunity Commision EEOC

EEOC.gov

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6
Q

In 2006 the charges to the EEOC were

A

The largest was race and the next was sex

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7
Q

When an employer uses a prohibited criterion in making an employment decision by treating some people less favorably

A

Disparate treatment

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8
Q

Neutral rules that adversely affect a protected class and is not justified by the business

A

Disparate impact

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9
Q

Quid pro quo sexual harassment

A

Making a benefit contingent on a sexual offer

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10
Q

Hostile work environment harassment

A

Unwelcome comments based on legally protected statuses making a bad work environment

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11
Q

Age discrimination is prohibited by the

A

Age Discrimination in Employment Act ADEA

Protects discrimination in hiring firing or compensating

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12
Q

ADEA does not protect

A

Employees from favoring an older employee for a younger one

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13
Q

ADEA prohibits mandatory

A

Retirement age unless it is justified

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14
Q

To file with the ADEA you must be

A

40+

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15
Q

Under common law, at will employment is

A

Term unable at will by either party unless the employment is for a definite term or the employee is represented by a labor union

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16
Q

Injured employees get

A

Workers compensation if they are injured because of their job

17
Q

Workers comp gives the employer

A

Strict liability

18
Q

Workers comp offers

A

A more generous pay than unemployment

19
Q

Employers have to pay into what for each employee they have

A

The workers comp state fund

20
Q

Who benefits from workers comp

A

The employee and employer

21
Q

Workers comp spares the employer

A

Unpredictability of litigation

22
Q

Employees are required to grant employees

A

Leave for serious health conditions or other certain events

23
Q

FMLA is the

A

Family and Medical Leave Act

24
Q

FMLA applies to

A

Employers with over 50 people

25
Q

FMLA grants

A

Up to 12 weeks of leave during any year that is paid unpaid or a combination

26
Q

The protected statuses are

A

Race color gender religion national origin

27
Q

Who can add protected statuses

A

States and cities

28
Q

BFOQ is what

A

Bonafide occupational qualification

This says an employee can make certain qualifications

29
Q

Wrongful discharge is

A

It is wrongful if it violates a statutory or other established public policy

  1. Refusing to violate a statute
  2. Exercising a statutory right
  3. Performing statutory obligation
  4. Reporting a violation of a statute
30
Q

You can be fired for

A

Any reason except an illegal reason if they are an at will employee