employment law Flashcards

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1
Q
  1. A files a claim of discrimination on the basis of race against her employer with the EEOC. The employer learns of the charge and assigns A to do less desirable task and cuts her hours. What additional charge can A levy against her
    employer
A

Disparate Treatment

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2
Q

Discriminazation is not always

A

illegal it can depend. Federal Law, State law, and something else

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3
Q

What is the EEOC?

A

Equal employment opportunity commision

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4
Q

What does the EEOC do?

A

They are the federal agency that investigates discrimization they do not charge a fee but they are not your avigate they are a neutral investagator

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5
Q

Name three protected statuses under federal law.

A

race, color, religion, national origin

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6
Q

Can states add to the list of protected statuses.

A

Yes ex( weight and height)

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7
Q

bfoq

A

Bona fide occupational qualification

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8
Q

what is the purpose of bona fide occupational qualification

A

is a characteristic or attribute required for a job that could be considered discrimination

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9
Q

disparate treatment occurs when

A

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

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10
Q

Disparate impact

A

you don’t hire someone for a reason that is unrelated to the job

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11
Q

Disparate impact example

A

an accounting firm hiring entry level accountants who have to be a minimum of 6 feet tall.

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12
Q

Is criminal record a protective status

A

no

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13
Q

what is sexual Harrassment

A

an illegal form of sexual discrimination that includes unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature.

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14
Q

2 types of sexual harrassment

A

Quid pro quo

2. Hostile work environment harassment

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15
Q

Quid pro quo

A

one thing for another

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16
Q

Hostile work environment-

A

when unwelcome comments/conduct it interferes w/ employees work performance or creates an intimidating, hostile or offensive work environment
Unwelcomed and repeated for it to be reported

17
Q

Which doctrine allows in the absence of a contract, an employee to quit for any reason and an employer to terminate employment of an employee at any time and for any reason

A

At will employment doctrine

18
Q

Age discrimination in employment Act (

A

prohibits discrimination on the basis of age in hiring, firing or compensating.

19
Q

ADEA does not prohibit

A

employees from favoring an older employee over a younger employee.

20
Q

Workers’ compensation is

A

Compensation awarded to an injured employee whose injury arose out of and in the course of employment.

21
Q

The basis for employer liability is

A

is strict liability. Regardless of how careful the employer was or how negligent the employee was, the employee is entitled to workers’ comp.

22
Q

FMLA means

A

Family and Medical Leave Act

23
Q

Family and Medical Leave Act requires

A

some employers to grant employers leave for serious health conditions or certain other events

24
Q

Civil Rights Act of 1964 prohibits

A

employment discrimination on the basis of race, color, gender, religion, or national origin.

25
Q

Employment discrimination that is illegal is the

A

hiring, firing, compensating, promoting or training of employee based on race, color, gender, religion or national origin.