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PHR Exam > Court Cases and Legislative Summary > Flashcards

Court Cases and Legislative Summary Flashcards

1
Q

Payne v. The Western & Atlantic Railroad Company (1884)

A

Defined employment at will.

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2
Q

Bureau of Labor Statistics (BLS) (1869)

A

Established to study industrial accidents and maintain accident records. Currently provide data from employers throughout the US and make info available on the web. Include unemployment rate, occupational outlook, demographics, and wages by area and occupation. Provides the JOLTS report.

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3
Q

Sherman Antitrust Act (1890)

A

Controlled business monopolies; allowed court injunctions to prevent restraint of trade. Used to restrict unionization efforts.

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4
Q

Clayton Act (1914)

A

Limited the use of injunctions to break strikes; exempted unions from the Sherman Act.

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5
Q

Federal Employes Compensation Act (FECA) (1916)

A

Provided benefits similar to workers’ compensation for federal employees injured on the job.

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6
Q

Railway Labor Act (1926)

A

Protected unionization rights, allowed for a 90 day cooling off period to prevent strikes in national emergencies. covers railroads and unions.

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7
Q

Longshore and Harbor Workers’ Compensation Act (1927)

A

Provided workers’ compensation benefits for maritime workers injured on navigable waters of the United States or on piers, docks, and terminals.

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8
Q

Norris - La Guardia Act (1932)

A

Protected the right to organize; outlawed yellow-dog contracts.

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9
Q

Federal Insurance Contributions Act (FICA)/Social Security Act (1935)

A

Required employers and employees to pay Social Security taxes.

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10
Q

Federal Unemployment Tax Act (FUTA) (1936)

A

Required employers to contribute a percentage of payroll to an unemployment insurance fund

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11
Q

Public Contracts Act (PCA) or Walsh-Healey Act (1936)

A

Required contractors to pay prevailing wage rates

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12
Q

Fair Labor Standards Act (FLSA) (1938)

A

Defined exempt and nonexempt employees; required and set minimum wage; required time and a half for nonexempt overtime hours; limited hours and type of work for children; established record-keeping requirements

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13
Q

Labor-Management Relations Act (LMRA) or Taft-Hartley Act (1947)

A

Prohibited closed shops; restricted union shops; allowed states to pass “right to work” laws; prohibited jurisdictional strikes and secondary boycotts; established the Federal Mediation and Conciliation Service; allowed an 80-day cooling-off period for national emergency strikes.

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14
Q

National Labor Relations Act (NLRA) or Wagner Act (1935)

A

Protected the right of workers to organize and bargain collectively; identified unfair labor practices; established the National Labor Relations Board (NLRB)

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15
Q

Portal to Portal Act (1947)

A

Clarified the definition of hours worked for the FLSA

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16
Q

Patent Act (1952)

A

Established the US Patent and Trademark Office

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17
Q

Labor-Management and Reporting Disclosure Act (LMRDA) or Landrum-Griffin Act (1959)

A

Controlled internal union operations; provided a bill of rights for union members; required a majority of members to vote to increase dues; allowed members to sue the union; set term limits for union leaders

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18
Q

Equal Pay Act (1963)

A

Required that employees performing substantially similar or identical work be paid the same wage or salary rate.

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19
Q

Title VII of the Civil Rights Act (1964)

A

Established the Equal Employment Opportunity Commission (EEOC); prohibited discrimination on the basis of race, color, religion, national origin, or sex

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20
Q

EO 11246 (1965)

A

Prohibited employment discrimination on the basis of race, creed, color, or national origin; required affirmative steps for all terms and conditions of employment; required written Affirmative Action Plan (AAP) for contractors with 50 employees.

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21
Q

Immigration and Nationality Act (INA) (1965)

A

Eliminated national origin, race, and ancestry as bars to immigration; set immigration goals for reunifying families and preference for specialized skills.

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22
Q

Service Contract Act (1965)

A

Required government contractors to pay prevailing wages and benefits

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23
Q

Age Discrimination in Employment Act (ADEA) (1967)

A

Prohibited discrimination against persons 40 years of age or older; established conditions for BFOQ exceptions.

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24
Q

EO 11375 (1967)

A

Added sex to the protected classes in EO 11246

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25
Q

Consumer Credit Protection Act (1968)

A

Limited garnishment amounts on employee wages; prohibited discharge of employees for a single garnishment order.

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26
Q

EO 11478 (1969)

A

Included disabled individuals and those 40 years of age or older in the protected classes established by EO 11246.

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27
Q

Black Lung Benefits Act (BLBA) (1969)

A

Provided benefits for coal minders suffering from pneumonconiosis due to mine work.

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28
Q

Occupational Safety and Health Act (OSH Act) (1970)

A

Required employers to provide a safe workplace and comply with safety and health standards. Established OSHA to enforce safety regulations and NIOSH to research, evaluate, and recommend hazard-reducing measures.

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29
Q

Fair Credit Reporting Act (FCRA) (1970)

A

Required employers to notify candidates that credit reports may be obtained; required written authorization by the candidate and that the employer provide a copy of the report to the candidate before taking an adverse action.

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30
Q

Griggs v. Duke Power (1971)

A

Disparate impact. Required employers show that job requirements are related ot the job; established that lack of intention to discriminate isn’t a defense against claims of discrimination.

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31
Q

Equal Employment Opportunity Act (EEOA) (1972)

A

Established that complainants have the burden of proof for disparate impact; provided litigation authority for the EEOC (although EEOC was created by Title VII); extended the time to file complaints.

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32
Q

Rehabilitation Act (RA) (1973)

A

Expanded opportunities for individuals with physical or mental disabilities; provided remedies for victims of discrimination.

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33
Q

Privacy Act (1974)

A

Prohibited federal agencies from sharing info collected about individuals

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34
Q

Vietnam Era Veterans Readjustment Assistance Act (VEVRAA) (1974)

A

Provided equal opportunity and affirmative action for Vietnam vets.

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35
Q

Employment Retirement Income Security Act (ERISA) (1974)

A

Established requirements for pension, retirement, and welfare benefit plans including medical, hospital, AD&D, and unemployment benefits.

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36
Q

Albermarle Paper v. Moody (1975)

A

Required that employment tests be validated; subjective supervisor rankings aren’t sufficient validation; criteria must be tied to job requirements.

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37
Q

NLRB v. J. Weingarten, Inc. (1975)

A

Established Weigarten rights - union employees have the right to request union representation during any investigatory interview that could result in disciplinary action.

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38
Q

Washington v. Davis (1976)

A

Established that employment-selection tools that adversely impact protected classes are lawful if they have been validated to show future success on the job.

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39
Q

Copyright Act (1976)

A

Defined fair use and set the term of copyright effectiveness

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40
Q

Mine Safety and Health Act (MSHA) (1977)

A

Established mandatory mine safety and health standards and created the Mine Safety and Health Administration (MSHA)

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41
Q

Automobile Workers v. Johnson Controls, Inc. (1977)

A

Decisions about the welfare of the children must be left to the parents who conceive, bear, support, and raise them, rather than the employers who hire those parents. Employers must inform but never restrict duties of those of childbearing age.

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42
Q

Uniform Guidelines on Employee Selection Procedures (UGESP) (1978)

A

Established guidelines to ensure that selection procedures are both job related and valid predictors of job success.

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43
Q

Pregnancy Discrimination Act (PDA) (1978)

A

Required that pregnancy be treated the same as any other short-term disability.

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44
Q

Revenue Act (1978)

A

Established Section 125 and 401(k) plans for employees.

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45
Q

EO 12138

A

Created the National Women’s Business Enterprise Policy; required affirmative steps to promote and support women’s business enterprises.

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46
Q

Guidelines on Sexual Harassment (1980)

A

Assisted employers to develop antiharassment policies, establish complaint procedures, and investigate complaints promptly and impartially.

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47
Q

Retirement Equity Act (1984)

A

Lowered the age limits on participation and vesting the pension benefits; required written spousal consent to not provide survivor benefits; restricted conditions placed on survivor benefits

48
Q

Consolidated Omnibus Budget Reconciliation Act (COBRA) (1986)

A

Provided continuation of croup health coverage upon a qualifying event.

49
Q

Tax Reform Act (1986)

A

Reduced income tax rates and brackets

50
Q

Immigration Reform and Control Act (IRCA) (1986)

A

Prohibited employment of individuals who aren’t legally authorized to work in teh US; required I-9s for all employees.

51
Q

Drug-Free Workplace Act (1988)

A

Required federal contractors to develop and implement drug-free workplace policies

52
Q

Employee Polygraph Protection Act (EPPA) (1988)

A

Prohibited the use of lie-detector tests except under limited circumstances

53
Q

Worker Adjustment and Retraining Notification Act (WARN Act) (1988)

A

Required 60 days notice for mass layoffs or plant closings; defined mass layoffs and plant closings; identified exceptions.

54
Q

Americans with Disabilities Act (1990)

A

Required reasonable accommodation for qualified individuals with disabilities.

55
Q

Older Worker Benefit Protection Act (OWBPA) (1990)

A

Amended ADEA to prevent discrimination in benefits for workers 40 years of age and older; added requirements for waivers

56
Q

Immigration Act (1990)

A

Required the prevailing wage for holders of H1(b) visas; set quotas.

57
Q

Civil Rights Act (1991)

A

Allowed compensatory and punitive damages; provided for jury trials; established defenses to disparate impact claims.

58
Q

Glass Ceiling Act (1991)

A

Established a commission to determine whether a glass ceiling exists and identify barriers for women and minorities. As a result, the Office of Federal Contract Compliance Programs (OFCCP) conducts audits of the representation of women and minorities at all corporate levels.

59
Q

Unemployment Compensation Amendments (1992)

A

Reduced rollover rules for lump-sum distributions of qualified retirement plans; required 20% withholding for some distributions.

60
Q

Energy Policy Act of 1992

A

Allowed employers to provide a nontaxable fringe benefit to employees engaged in qualified commuter activities such as bicycling and mass transit.

61
Q

Family Medical Leave Act (FMLA) (1993)

A

Required qualifying employers to provide 12 weeks of unpaid leave to eligible employees for the birth or adoption of a child or to provide care for defined relatives with serious health conditions or to employees unable to perform job duties due to a serious health condition.

62
Q

Taxman v. Board of Education of Piscataway (1993)

A

Found that in the absence of past discrimination or underrepresentation of protected classes, preference may not be given to protected classes in making layoff decisions.

63
Q

Harris v. Forklift Systems (1993)

A

Defined an actionable hostile work environment as that which falls between merely offensive and that which results in tangible psychological injury.

64
Q

Omnibus Budget Reconciliation Act (OBRA) (1993)

A

Revised rules for employee benefits; set the maximum deduction for executive pay at 1 mil; mandated some benefits for medical plans.

65
Q

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

A

Protected the reemployment and benefit rights of reservists called to active duty.

66
Q

Congressional Accountability Act (CCA) (1995)

A

Required all federal employment legislation passed by Congress to apply to congressional employees.

67
Q

Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) (1996)

A

Reduced the number and types of acceptable documents used to prove identity and employment eligibility, and piloted e-verify.

68
Q

Mental Health Parity Act (MPHA) (1996)

A

Required insurers to provide the same limits for mental health benefits that are provided for other types of health benefits.

69
Q

Health Insurance Portability and Accountability Act (HIPAA) (1996)

A

Prohibited discrimination based on health status; limited health insurance restrictions for preexisting conditions; required a Certificate of Group Health Plan Coverage upon plan termination.

70
Q

Personal Responsibility and Work Opportunity Reconciliation Act (1996)

A

Required all employers to provide information about all new or rehired employees to state agencies to enforce child support orders.

71
Q

Small Business Job Protection Act (1996)

A

Redefined highly compensated individuals; detailed minimum participation requirements; simplified 401(k) tests; corrected qualified plan and disclosure requirements.

72
Q

Small Business Regulatory Enforcement Fairness Act (SBREFA) (1996)

A

Provided that a Small Business Administration (SBA) ombudsman act as an advocate for small-business owners in the regulatory process.

73
Q

EO 13087 (1998)

A

Expanded coverage of protected classes in EO 11246 to include sexual orientation.

74
Q

Burlington Industries v. Ellereth (1998)

A

Established that employers have vicarious liability for employees victimized by supervisors with immediate or higher authority over them who create an actionable hostile work environment.

75
Q

Faragher v. City of Boca Raton (1998)

A

Established that employers are responsbile for employee actions and have a responsibility to control them.

76
Q

Oncale v. Sundowner Offshore Services, Inc. (1998)

A

Expanded the definition of sexual harassment to include same-sex harassment.

77
Q

NLRB: Epilepsy Foundation of Northeast Ohio (2000)

A

Extended Weingarten rights to nonunion employees by allowing employees to request a co-worker to be present during an investigatory interview that could result in disciplinary action.

78
Q

NLRB: M. B. Sturgis, Inc. (2000)

A

Established that temp employees may be included in the client company’s bargaining unit and that consent of the employer and temp agency aren’t required to bargain jointly.

79
Q

Needlestick Safety and Prevention Act (2000)

A

Mandated recordkeeping for all needlestick and sharps injuries; required employee involvement in developing safer devices.

80
Q

Energy Employees Occupational Illness Compensation Program Act (EEOICPA) (2000)

A

Provided compensation for employees and contractors subjected to excessive radiation during production and testing of nuclear weapons.

81
Q

EO 13152 (2000)

A

Added “status as a parent” to protected classes in EO 11246.

82
Q

Circuit City Stores v. Adams (2001)

A

Arbitration clauses in employment agreements are enfoceable for employers engaged in interstate commerce except transportation workers.

83
Q

EO 13201 (2001)

A

employees of federal contractors and subcontractors aren’t required to join a union or pay union dues

84
Q

Sarbanes-Oxley Act (SOX) (2002)

A

Mandated improving quality and transparency in financial reporting, and increased corporate responsibility and the usefulness of corporate financial disclosure; required companies to establish and maintain and adequate internal control structure and procedures for financial reporting.

85
Q

Pharakhone v. Nissan North America, Inc. (2003)

A

Established that employees who violate company rules while on FMLA leave may be terminated.

86
Q

NLRB: IBM Corp. (2004)

A

Reversed Epilepsy decision; withdrew Weingarten rights from nonunion employees.

87
Q

Jespersen v. Harrah’s Operating Co. (2004)

A

Established that a dress code requiring women to wear makeup doesn’t constitute unlawful sex discrimination under Title VII.

88
Q

Smith v. City of Jackson, Mississippi (2005)

A

Established that ADEA permits disparate impact claims for age discrimination comparable to those for sex and race.

89
Q

Pension Protection Act (PPA) (2006)

A

Amended ERISA financial obligations for multi-employer pension plans; changed plan administration for deferred-contribution plans.

90
Q

Burlington Northern Santa Fe Railway Co. v. White (2006)

A

Established that all retaliation against employees who file discrimination claims is unlawful under Title VII, even if no economic damage results.

91
Q

Sista v. CDC Ixis North America, Inc (2006)

A

Established that employees on FMLA can be legally terminated for legitimate, nondiscriminatory reasons, including violations of company policy if the reason is unrelated to the exercise of FMLA rights.

92
Q

Bates v. United Parcel Service (2006)

A

Established that when employers apply an unlawful standard that bars employees protected by the ADA from an application process, the employees don’t need to prove they were otherwise qualified to perform essential job functions. The employer must prove the standard is necessary to business operations.

93
Q

Taylor v. Progress Energy, Inc. (2007)

A

Established that the waiver of FMLA rights in a severance agreement is invalid. FMLA clearly states that “employees cannot waive, nor may employers induce employees to waive, any rights under FMLA.”

94
Q

Repa v. Roadway Express, Inc. (2007)

A

Established that when an employee on FMLA leave is receiving employer-provided disability payments, they may not be required to use accrued sick or vacation leave during FMLA absences.

95
Q

Phason v. Meridian Rail Corp. (2007)

A

Established that when an employer is close to closing a deal to sell a company, WARN Act notice requirements are triggered by the number of employees actually employed and the number laid off on the date of the layoff, even if the purchasing company hires some of the employees shortly after the layoff.

96
Q

Davis v. O’Melveny & Myers (2007)

A

Established that arbitration clasues in employment agreements won’t be enforced if they’re significantly favorable to the employer and the employee doesn’t have a meaningful opportunity to reject the agreement.

97
Q

Velazquez-Garcia v. Horizon Lines of Puerto Rico, Inc. (2007)

A

Established that the burden of proof that a termination wasn’t related to military service is on the employer when an employee protected by USERRA is laid off.

98
Q

Genetic Information Nondiscrimination Act (GINA) (2008)

A

Prohibits employment discrimination on the basis of genetic information. Prohibits employers from requesting, requiring, or purchasing genetic information.

99
Q

Patient Protection and Affordable Health Care Act (2010)

A

Created new requirements for employer-sponsored health care plans. Amended the FLSA to require large employers to provide lactation breaks and facilities for employees who are breastfeeding.

100
Q

Rosenfeld v. Southern Pacific (1968)

A

When state labor code is discriminatory (placing a limit on the number of hours per day or weight women can lift), its requirements are not a BFOQ. If a labor contract requires promotion by seniority and a company fails to promote by seniority, refusal to promote is not a lawful exercise of discretion as an employer.

101
Q

Weeks v. Southern Bell Telephone Co. (1969)

A

Similar to Rosenfeld. When a state’s law violates Title VII, requiring women to not be assigned to positions where they have to lift over a certain amount of weight, following that law is not a BFOQ.

102
Q

McDonnell Douglas Corp. v. Green (1973)

A

Established burden of proof for discrimination cases.

  1. Plaintiff must establish a prima facie case of discrimination.
  2. Defendant must produce legitimate nondiscriminatory reasons for its actions.
  3. Plaintiff must present facts to show inference of discrimination.
103
Q

Regents of California v. Bakke (1978)

A

Affirmative action - it’s ok to use race when it’s necessary to correct prior discriminatory practices but quotas are never an acceptable method of accomplishing this.

104
Q

United Steelworkers v. Weber (1979)

A

Affirmative action plans are acceptable when they are temporary measures designed to eliminate racial imbalances, are designed to remedy prior discrimination, allow a significant number of participants to be white (in this case half), and are working towards corresponding to the percentage of workers in the local labor force.

105
Q

Texas Department of Community Affairs v. Burdine (1981)

A

Employers aren’t required to prove nondiscriminatory reasons for an employment action but are required only to explain the nondiscriminatory reasons for the action.

106
Q

Johnson v. Santa Clara County Transportation Agency (1987)

A

As long as an AAP is flexible and temporary, and designed only to correct an existing workforce imbalance, it’s acceptable for an employer to place a less qualified member of a protected class in a job.

107
Q

School Board of Nassau v. Arline (1987)

A

A contagious disease is covered under Section 504 of the Rehabilitation Act of 1973. The fact that some persons who have contagious diseases may pose a serious health threat to others under certain circumstances does not justify excluding from the coverage of the act all persons with actual or perceived contagious diseases. The determination of whether someone with a contagious disease poses a serious health threat to others should be left to the judgements of public health officials. In this case, a teacher should not have been dismissed because she had TB.

108
Q

Martin v. Wilks (1989)

A

Fire dept created an AAP as part of a consent decree due to discrimination suit settlement with Martin. Wilks, a white firefighter, sued when he felt the AAP violated his rights. As he wasn’t party to the original lawsuit, court held that the white firefighters couldn’t be held to the employment decisions based on the consent decree and were entitled to challenge the AAP.

109
Q

Electromation, Inc v. NLRB (1992)

A

Employee participation committees can be a violation of the NLRA if they are employer dominated organizations. In this case, they were unlawful employer dominated organizations because:

  • They included employees, supervisors, and management. Management had the ability to reject recommendations.
  • Management expected committee members to represent coworkers by soliciting ideas from them to be presented to the committee
  • Included discussions about conditions of employment, and were formed as a direct result of a change in policy.
  • Management organized them by establishing goals, determining what each committee would work on, deciding how many employees would be on each committee and how they would operate, and determining their functions
  • Company provided support in the form of payment, place to meet, supplies, materials, etc.
110
Q

E. I. DuPont & Co. v. NLRB (1993)

A

DuPont’s safety committees were found to be employer-dominated labor organizations because:

  1. Each committee included at least one member of management who set the weekly agenda and had veto power over any decisions or recommendations made by committee members.
  2. DuPont controlled the number of members on each committee
  3. DuPont determined how many and which employees served on each committee
  4. DuPont could unilaterally restructure the committees.
  5. DuPont was using the committees the circumvent the union.
  6. Safety is a mandatory subject for collective bargaining.
111
Q

NLRA 3 Conditions of a Labor Organization

A

Three conditions must be met in order for a labor organization to exist:

  1. Employees participate in the organization
  2. A function of the organization is dealing with the employer.
  3. A function of the organization is concerned with some form of “conditions of work,” including grievances, labor disputes, wages, rates of pay, hours of employment.
112
Q

St Mary’s Honor Center v. Hicks (1993)

A

Based on Green and Burdine cases.

  1. Plaintiff must establish a prima facie case of discrimination. (he did.)
  2. Defendant must produce legitimate nondiscriminatory reasons for its actions. (they did - but they clearly treated his coworkers differently)
  3. Plaintiff must present facts to show inference of discrimination. (failed to do so - seems like they just didn’t like him)
113
Q

McKennon v. Nashville Banner Publishing Co. (1995)

A

After-acquired evidence of employee misconduct that would have resulted in a termination doesn’t relieve the employer for liability in discharging the employee for an unlawful, discriminatory reason (ADEA).

114
Q

Circuit City Stores v. Adams (2001)

A

Mandatory arbitration agreements in employment contracts are enforceable under the FAA except for transportation workers, who are specifically exempt from the FAA.

115
Q

Federal Arbitration Act of 1925

A

The Federal Arbitration Act provides for contractually-based compulsory and binding arbitration, resulting in an arbitration award entered by an arbitrator or arbitration panel as opposed to a judgment entered by a court of law. In an arbitration the parties give up the right to an appeal on substantive grounds to a court.

The Federal Arbitration Act requires that where the parties have agreed to arbitrate, they must do so in lieu of going to court.

Once an award is entered by an arbitrator or arbitration panel, it must be “confirmed” in a court of law. Once confirmed, the award is then reduced to an enforceable judgment, which may be enforced by the winning party in court, like any other judgment. Under the Federal Arbitration Act awards must be confirmed within one year; while any objection to an award must be challenged by the losing party within three months. An arbitration agreement may be entered “prospectively”—that is, in advance of any actual dispute; or may be entered into by disputing parties once a dispute has arisen

116
Q

Circuit City Stores v. Adams (2001)

A

Mandatory arbitration agreements in employment contracts are enforceable under the FAA except for transportation workers, who are specifically exempt from the FAA.

117
Q

Federal Arbitration Act of 1925

A

The Federal Arbitration Act provides for contractually-based compulsory and binding arbitration, resulting in an arbitration award entered by an arbitrator or arbitration panel as opposed to a judgment entered by a court of law. In an arbitration the parties give up the right to an appeal on substantive grounds to a court.

The Federal Arbitration Act requires that where the parties have agreed to arbitrate, they must do so in lieu of going to court.

Once an award is entered by an arbitrator or arbitration panel, it must be “confirmed” in a court of law. Once confirmed, the award is then reduced to an enforceable judgment, which may be enforced by the winning party in court, like any other judgment. Under the Federal Arbitration Act awards must be confirmed within one year; while any objection to an award must be challenged by the losing party within three months. An arbitration agreement may be entered “prospectively”—that is, in advance of any actual dispute; or may be entered into by disputing parties once a dispute has arisen

PHR Exam (8 decks)

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