EE Laws 15-19 Flashcards
Americans with Disabilities Act (ADA)
Employers may not discriminate against a physical or mental disability in recruitment, hiring, promotions, training, pay, social activites.
Employers are required to provide resonable accomaditions or recommend an alt solution that would be equally effective.
ADA Amendements ASct of 2008
Meant to capture a wider range of people in the disabled classification. “When determining whether someone is disabled, there may be no considerations of mitigating circumstances”.
Civil Rights Act (Title VII)
Speaks to employment discrimination and states five protected classes of people. (Race, colorado, religion, nationla orgin, sex).
Civil Rights Act (1991)
Provided for ee to receive a jury trial if wanted.
Estb req for employer defense.
Placed limination on punititive damges by using a sliding scale.
- 15-100 ee 50k - 100-200 ee 100k - 201-500 ee 200k - 500+ 300k
Drugs Free Workplace
Applies to all federal contractors and org receiving grants from fed gov.
Requires assure all ee working are drug free. Drug testing is performed for ee and new hires.
Info must include info about consequences of failing a drug test.
Must publish a written policy.
Any ee whp fails must be referred to a treament program or given appropriate disciplinary action.
Equal Employment Opportunity Act (EEOA)
Redefined some terms.
Required a new employment poster to explain “EEO is the law”.
Genetic Information Nondiscrimination Act (GINA)
Prohibits employers from using genetic information to make employment decisions.
Guidelines on Discrimination Because of Sex
Guidelines to help employers nunderstand what constitued unwanted behavior and harassment.
Lilly Ledbetter Fair Pay Act
States that the clock will begin running anew each time an illeegal act of discrimination is experienced by an ee.
180 day statue of limitations reset with each new istance affected by that discirminatory action.
Pregnancy Discimination Act
Defined pregnancy as proctected within the definition of sex.
States no employer shall illegally discriminate against an ee due to pregnancy.
Defines pregnancy as temp disability and requires job accomidation. Guarantees ee rights to reutrn to work with same or similar job w/ same pay.
Unifrom Guidelines on Employee Selection Procedures
Requirements to preventing claims of discrimination.
Adverse disparate impact - guidlines require that all steps in a hiring decision be validated through study or applying job analysis to demonstate specific relationship between slection and requirments.