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CPCU 530 > Chapter 9 > Flashcards

Chapter 9 Flashcards

1
Q

What is the employment-at-will doctrine?

A

lets an employer terminate any employee at
any time for any reason–if termination does not violate any contractual limitation on discharge, employment
discrimination statute, or collective bargaining agreement.

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2
Q

What are four exceptions to the employment at-will doctrine?

A

1) Public policy
2) Implied-contract
3. Covenant of good faith and fair dealing
4) Statutory exceptions

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3
Q

What did the 1967 Age Discrimination in Employment Act (ADEA) do?

A

Administed by the EEOC (Equal Opportunity employment commision. It prohibits employers from discriminating against employees over age of 40 and prohibits mandatory retirement at any age (except for
executives with pensions over $44,000 per year and tenured college professors over age 70.

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4
Q

When can a company establish an age limit?

A

If age is a ‘bona fide occupational qualification’ (BFOQ)

reasonably necessary to the business.

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5
Q

What are the penalties for violating ADEA?

A

Back pay and reinstatement or front pay.

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6
Q

This amendment to ADEA prohibits discrimination against older workers in employee benefits and an employee’s nonvoluntary waiver of ADEA rights.

A

Older workers benefit protection act.

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7
Q

What does the Civil Rights Act of 1866 (Section 1981) do?

A

Prohibits employment discrimination based on

ancestry or ethnic characteristics.

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8
Q

What does the Civil Rights Act of 1866 (Section 1981) not apply to?

A

It does not apply to discrimination based on sex or religion.

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9
Q

What does the Civil Rights Act of 1991 do?

A
  1. allows jury trials and recovery of compensatory and punitive damages and expert witness fees under Title VII and under the Americans with Disabilities Act (ADA),
  2. broadens Section 1981 to include on-the-job discrimination, and
  3. shifts the burden of proof to the employer in disparate impact cases.
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10
Q

What did Title VII of the Civil Rights Act of 1964 do?

A

Prohibit discrimination by private employers and unions based on race, color, religion, national origin, or sex.

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11
Q

What does Title VII of the Civil Rights Act of 1964 not apply to?

A

US Govt, its corporations, non-profit membership organizations or religious discrimination by religious groups.

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12
Q

What are the two theories Title VII of the Civil Rights Act of 1964 falls under?

A

1) disparate treatment

2) disparate impact

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13
Q

Disparate treatment theory.

A

Employee must establish that the employer’s acts were motivated (even in part) by the intent to discriminate.

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14
Q

Disparate impact theory.

A

The employee must establish that apparently neutral employment practices have a disproportionate effect on a protected class.

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15
Q

When does Title VII allow discrimination based on religion, sex, or national origin.

A

BFOQ reasonably necessary to the normal operation of business. Can’t be based on customer preference.

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16
Q

What did the 1978 modification of Title VII do?

A

Prohibited discrimination due to pregnancy, childbirth, or related medical conditions.

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17
Q

What are the two types of harrassment claims?

A

1) quid pro quo - job advancement or security conditioned on submission to sexual requests
2) hostile environment - jokes, comments, physical content, etc.

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18
Q

What did EXECUTIVE ORDER 11246 do?

A

prohibits job discrimination based on race, creed, national origin, or sex by those under contract with the federal government. It also creates federally mandated affirmative
action plans.

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19
Q

This act prohibits sex discrimination in wages for work that requires equal skill, effort, responsibility, and working conditions. It applies to executive, administrative, and professional employees; outside salesmen; teachers; and employees subject to minimum wage provisions

A

Equal Pay Act

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20
Q

This act prohibits employers from hiring aliens
not authorized to work in the US and bars employment discrimination based on national origin and citizenship
status. It also requires employers to verify citizenship of all employees.

A

IRCA - Immigration Reform and Control Act

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21
Q

This act prohibits employers with government contracts over $2,500 from discriminating against handicapped persons who could do the job with reasonable accommodation. Employers with 50 or more employees and contracts of $50,000 or more must also prepare a written affirmative action program.

A

Rehabilitation Act of 1973

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22
Q

This act prohibits discrimination against any “qualified

individual with a disability” in all stages of the employment process.

A

ADA - Americans with Disabilities Act

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23
Q

Which businesses does ADA apply to?

A

All employers with 15 or more employees.

24
Q

What are covered disabilities under ADA?

A

infectious and communicable diseases, mental illnesses, drug addictions, and/or alcoholism.

25
Q

What is the definition of ““qualified individual with a disability” under ADA?

A

anyone with a disability who can perform the essential

functions of the job with reasonable accommodation.

26
Q

When is an employer not required to accomodate a disability under ADA?

A

When it would impose an undue hardship on the employer–based on cost, employer’s financial resources, type of business, and impact of the accommodation on the other employees and on the conduct of the business.

27
Q

This act prohibits employers from terminating employees who leave to serve in the military and requires employers with federal contracts of $25,000 or more to implement affirmative action plans for Vietnam veterans.

A

The Vietnam Era Veterans’ Readjustment Assistance Act

28
Q

This act gives employees who return from military service the right to immediate reinstatement to the same (or a substantially similar) position.

A

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

29
Q

This act prohibits employers from firing or threatening employees based on jury duty.

A

Jury Systems Improvement Act

30
Q

This act prohibits discharge resulting from garnishing

(withholding) of wages for indebtedness.

A

The Consumer Credit Protection Act

31
Q

What did the 1932 NORRIS-LA GUARDIA ACT do?

A

marked the inception of modern labor law. It neutralizes US District Court power to effect injunctions in labor disputes until all possible negotiation has failed. It also lets employees form unions without coercion from their employer, outlaws yellow-dog contracts (which condition employment on union nonmembership), and forbids outlawing of strikes.

32
Q

What did the 1935 NATIONAL LABOR RELATIONS ACT (NLRA) (aka Wagner Act) do?

A
  1. designates the union chosen by the majority of employees in a bargaining unit as the sole
    representative of all employees of that group;
  2. gives employees the right to be represented by a union and to participate in collective bargaining;
  3. protects union employees from employer reprisals; and
  4. prohibits unfair labor practices–
    a. by the employer–interfering with labor rights, forming an employer-controlled union, discriminating against union members, or refusing to bargain in good faith and
    b. by the union–coercing employees, enforcing a secondary boycott, charging excessive dues,
    or refusing to bargain in good faith.
33
Q

What are the two purposes of the NRLB?

A
  1. To prevent and resolve unfair labor practices by employers and unions.
  2. To determine whether employees want union representation for collective bargaining.
34
Q

What are the two ways to establish a collective-bargaining relationship?

A
  1. The union can collect authorization cards from at least 50% of the employees and ask the employer for union recognition.
  2. The union can collect authorization cards from at least 30% of the employees and petition the National labor Relations Board (NLRB) to hold an election to certify the union.
35
Q

What is collective bargaining mandatory for?

A

wages, hours, employment conditions, bonuses, pensions, seniority, grievance procedures, and management functions regarding work schedules, promotions, and discipline.

36
Q

What does bad faith bargaining by the employer consist of?

A

includes a unilateral offer of higher wages or better conditions, non-substantiation of financial inability to pay more, and refusal to furnish employee wage information.

37
Q

What is the Hart-Taftley Act

A

outlaws both secondary boycotts (employees refuse to work on materials connected with another employer who is engaged in a labor dispute) and sympathy strikes (employees strike in sympathy with strikers from another plant).

38
Q

What does the Landrum-Griffin Act prohibit?

A

Prohibits unions and employers from agreeing to boycott another employer’s goods.

39
Q

What does the OSHACT apply to?

A

to all employers engaged in a business affecting interstate commerce.

40
Q

What does the OSHACT not apply to?

A

government employers, the self-employed, family farms, or workers covered by other federal laws.

41
Q

How does Osha enforce the OSHACT?

A

workplace inspections and investigations, certification and monitoring of state safety programs, and employer recording and reporting requirements.

42
Q

What does the OSHACT require!

A

requires employers to comply with established safety and health standards and maintain a workplace free from serious hazards for which OSHA has not established a standard.

43
Q

This act regulates minimum wages, overtime compensation,
child labor, and equal pay for men and women.

A

Fair Labor Standards Act

44
Q

What does the Fair Labor Standards Act do?

A

regulates minimum wages, overtime compensation, child labor, and equal pay for men and women. Employers must pay nonexempt employees (employees other than executive, administrative, professional, and outside sales employees) one and one-half times their base rate for each hour worked over 40 hours per week

45
Q

What does the Davis-Bacon Act require?

A

That the prevailing wage (union scale) to be paid to laborers and mechanics working on federal construction projects that cost over $2,000.

46
Q

What does the Walsh-Healy Public Contracts Act do ?

A

establishes minimum wage and overtime requirements for employers with government supply contracts of more than $10,000.

47
Q

What does the Service Contract Act do?

A

It establishes minimum wage and notification requirements for employers with government service contracts over $2,500

48
Q

This act creates fiduciary duties for those
who invest and distribute the money in employee benefit plans and trusts, but it does not require
employers to provide benefit plans.

A

ERISA - The Employee Retirement Income Security Act

49
Q

This act amends ERISA to require an
employer with 20 or more employees (except churches and the federal government) that sponsors
a group health plan to offer a qualified beneficiary continuation of group coverage.

A

The Consolidated Omnibus Budget Reconciliation Act (COBRA)

50
Q

Who is a qualified beneficiary under COBRA?

A

An employee and his dependents covered under a

group health plan the day before a qualifying event occurs

51
Q

What is a qualifying even under COBRA?

A

termination of employment for any reason except gross misconduct or reduction in hours that results in loss of coverage.

52
Q

What are the criteria to qualify for FMLA?

A

a. The employer must have 50 or more employees during at least 20 weeks in the current or previous year, located within 75 miles of the employee’s work location.
b. The employee must have worked for the employer for at least 12 months and for at least 1,250 hours during the 12-month period preceding the requested leave.

53
Q

This act imposes financial penalties ($3k per employee) for employers who do not offer group healthcare plans.

A

Health Care and Education Reconciliation Act of 2010

54
Q

This act requires federal contractors with procurement
contracts over $100,000 to establish workplace drug prevention programs, maintain a drug-free
workplace, and report all drug-related employee convictions resulting from workplace activity.
The act does not require drug testing, but federal regulation requires drug testing for some jobs.
Private employers are generally allowed to require drug testing in most states.

A

The Drug-Free Workplace Act of 1988

55
Q

This act prohibits private-sector employers from
requesting employee or applicant polygraph tests. Employers may use polygraph tests in ongoing
investigations into employee theft, embezzlement, or industrial espionage.

A

The Employee Polygraph Protection Act of 1988

56
Q

This act addresses the disclosure of private facts obtained from credit reporting agencies in background checks.

A

The Fair Credit Reporting Act

CPCU 530 (10 decks)

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