Chapter 42 Flashcards

(30 cards)

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
FMLA grants
Up to 12 weeks of leave during any year that is paid unpaid or a combination
26
The protected statuses are
Race color gender religion national origin
27
Who can add protected statuses
States and cities
28
BFOQ is what
Bonafide occupational qualification This says an employee can make certain qualifications
29
Wrongful discharge is
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
You can be fired for
Any reason except an illegal reason if they are an at will employee