employment law Flashcards
- 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
Disparate Treatment
Discriminazation is not always
illegal it can depend. Federal Law, State law, and something else
What is the EEOC?
Equal employment opportunity commision
What does the EEOC do?
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
Name three protected statuses under federal law.
race, color, religion, national origin
Can states add to the list of protected statuses.
Yes ex( weight and height)
bfoq
Bona fide occupational qualification
what is the purpose of bona fide occupational qualification
is a characteristic or attribute required for a job that could be considered discrimination
disparate treatment occurs when
an employer uses a prohibited criterion in making an employment decision by treating some people less favorably than others.
Disparate impact
you don’t hire someone for a reason that is unrelated to the job
Disparate impact example
an accounting firm hiring entry level accountants who have to be a minimum of 6 feet tall.
Is criminal record a protective status
no
what is sexual Harrassment
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.
2 types of sexual harrassment
Quid pro quo
2. Hostile work environment harassment
Quid pro quo
one thing for another
Hostile work environment-
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
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
At will employment doctrine
Age discrimination in employment Act (
prohibits discrimination on the basis of age in hiring, firing or compensating.
ADEA does not prohibit
employees from favoring an older employee over a younger employee.
Workers’ compensation is
Compensation awarded to an injured employee whose injury arose out of and in the course of employment.
The basis for employer liability is
is strict liability. Regardless of how careful the employer was or how negligent the employee was, the employee is entitled to workers’ comp.
FMLA means
Family and Medical Leave Act
Family and Medical Leave Act requires
some employers to grant employers leave for serious health conditions or certain other events
Civil Rights Act of 1964 prohibits
employment discrimination on the basis of race, color, gender, religion, or national origin.
Employment discrimination that is illegal is the
hiring, firing, compensating, promoting or training of employee based on race, color, gender, religion or national origin.