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SHRM -c p 2021 > Employment Law > Flashcards

Employment Law Flashcards

1
Q

________ discrimination occurs when an applicant or employee is treated differently because of his or her membership in a protected class.

A

Disparate treatment

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2
Q

_______ (or adverse impact) results when a policy that appears to be neutral has a discriminatory effect.

A

Disparate impact

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3
Q

establishes minimum wage, overtime pay, youth employment, and record-keeping standards affecting full- and part-time workers in the private sector and in federal, state, and local governments

A

The Fair Labor Standards Act (FLSA) of 1938

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4
Q

establish uniform minimum standards to ensure that employee retirement plans are set up and maintained in a fair and financially sound manner

A

Employee Retirement Income Security Act (ERISA) of 1974

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5
Q

insures payment of certain pension plan benefits in the event that a private-sector defined benefit pension plan lacks sufficient funds to pay the promised benefits.

A

Pension Benefit Guaranty Corporation (PBGC)

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6
Q

is the process by which a retirement benefit becomes nonforfeitable, that is when the employee is permanently entitled to a portion or all of his or her benefit

A

Vesting

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7
Q

Under the _____________, the statute of limitations resets as the employer issues each allegedly discriminatory paycheck

A

Ledbetter Act

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8
Q

Provision of FMLA that provides up to 12 workweeks of FMLA leave due to a spouse, son, daughter, or parent being on covered active duty or having been notified of an impending call or order to covered active duty in the armed forces.

A

The qualified exigency leave benefit

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9
Q

applies to virtually all employers, both public and private, regardless of size, and prohibits discrimination in employment, job retention, advancement, or any benefit of employment on the basis of membership, application for membership, application for service, performance of service, or obligation for service in the uniformed services.

A

Uniformed Services Employment and Reemployment Rights Act (USERRA)

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10
Q

This act established workers’ rights to organize and bargain collectively with employers

A

National Labor Relations Act (NLRA)

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11
Q

the federal agency responsible for enforcing antidiscrimination law

A

EEOC

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12
Q

Statement in U.S. Occupational Safety and Health Act that requires employers subject to OSHA to provide employees with a safe and healthy work environment.

A

General Duty Clause

Statement in U.S. Occupational Safety and Health Act that requires employers subject to OSHA to provide employees with a safe and healthy work environment.

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13
Q

First comprehensive U.S. law making it unlawful to discriminate on the basis of race, color, religion, sex, or national origin.

A

Civil Rights Act of 1964

First comprehensive U.S. law making it unlawful to discriminate on the basis of race, color, religion, sex, or national origin.

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14
Q

U.S act that amended Title VII and gave the Equal Employment Opportunity Commission authority to “back up” its administrative findings and conduct its own enforcement litigation.

A

Equal Employment Opportunity Act

U.S act that amended Title VII and gave the Equal Employment Opportunity Commission authority to “back up” its administrative findings and conduct its own enforcement litigation.

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15
Q

U.S act that prohibits discrimination against individuals on the basis of their genetic information in both employment and health insurance.

A

Genetic Information Nondiscrimination Act (GINA)

U.S act that prohibits discrimination against individuals on the basis of their genetic information in both employment and health insurance.

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16
Q

Injury that results from a work-related accident or exposure involving a single incident in the work environment.

A

Occupational injury

Injury that results from a work-related accident or exposure involving a single incident in the work environment.

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17
Q

Required for nonexempt workers under U.S. Fair Labor Standards Act at 1.5 times the regular rate of pay for hours over 40 in a workweek.

A

Overtime pay

Required for nonexempt workers under U.S. Fair Labor Standards Act at 1.5 times the regular rate of pay for hours over 40 in a workweek.

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18
Q

U.S. act that defines what is included as hours worked and is therefore compensable and a factor in calculating overtime.

A

Portal-to-Portal Act

U.S. act that defines what is included as hours worked and is therefore compensable and a factor in calculating overtime.

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19
Q

States that a fiduciary of a plan covered by the U.S. Employee Retirement Income Security Act has legal and financial obligations not to take more risks when investing employee benefit program funds than a reasonably knowledgeable, prudent investor would under similar circumstances.

A

Prudent person rule

States that a fiduciary of a plan covered by the U.S. Employee Retirement Income Security Act has legal and financial obligations not to take more risks when investing employee benefit program funds than a reasonably knowledgeable, prudent investor would under similar circumstances.

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20
Q

Modifying job application process, work environment, or circumstances under which job is performed to enable a qualified individual with a disability to be considered for the job and perform its essential functions.

A

Reasonable accommodation

Modifying job application process, work environment, or circumstances under which job is performed to enable a qualified individual with a disability to be considered for the job and perform its essential functions.

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21
Q

U.S. act that established uniform minimum standards to ensure that employee benefit and pension plans are set up and maintained in a fair and financially sound manner.

A

Employee Retirement Income Security Act (ERISA)

U.S. act that established uniform minimum standards to ensure that employee benefit and pension plans are set up and maintained in a fair and financially sound manner.

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22
Q

Type of sexual harassment that occurs when an employee is forced to choose between giving in to a superior’s sexual demands and forfeiting an economic benefit such as a pay increase, a promotion, or continued employment.

A

Quid pro quo harassment

Type of sexual harassment that occurs when an employee is forced to choose between giving in to a superior’s sexual demands and forfeiting an economic benefit such as a pay increase, a promotion, or continued employment.

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23
Q

Type of discrimination that results when a policy that appears to be neutral has a discriminatory effect; also known as adverse impact.

A

Disparate impact

Type of discrimination that results when a policy that appears to be neutral has a discriminatory effect; also known as adverse impact.

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24
Q

U.S. act that prohibits discrimination against a qualified individual with a disability because of his/her disability.

A

Americans with Disabilities Act (ADA)

U.S. act that prohibits discrimination against a qualified individual with a disability because of his/her disability.

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25
Q

Process by which a retirement benefit becomes nonforfeitable.

A

Vesting

Process by which a retirement benefit becomes nonforfeitable.

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26
Q

Sexual, romantic, or emotional/spiritual attraction that one feels for persons of the opposite sex or gender, the same sex or gender, or both sexes and more than one gender.

A

Sexual orientation

Sexual, romantic, or emotional/spiritual attraction that one feels for persons of the opposite sex or gender, the same sex or gender, or both sexes and more than one gender.

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27
Q

Refers to the country (including those that no longer exist) of one’s birth or of one’s ancestors’ birth.

A

National origin

Refers to the country (including those that no longer exist) of one’s birth or of one’s ancestors’ birth.

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28
Q

U.S. act that prohibits wage discrimination by requiring equal pay for equal or “substantially equal” work performed by men and women.

A

Equal Pay Act (EPA)

U.S. act that prohibits wage discrimination by requiring equal pay for equal or “substantially equal” work performed by men and women.

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29
Q

Amendments to U.S. Americans with Disabilities Act covering the definition of individuals regarded as having a disability, mitigating measures, and other rules to guide the analysis of what constitutes a disability.

A

ADA Amendments Act (ADAAA)

Amendments to U.S. Americans with Disabilities Act covering the definition of individuals regarded as having a disability, mitigating measures, and other rules to guide the analysis of what constitutes a disability.

30
Q

U.S. act that expands the possible damage awards available to victims of intentional discrimination to include compensatory and punitive damages; gives plaintiffs in cases of alleged discrimination the right to a jury trial.

A

Civil Rights Act of 1991

U.S. act that expands the possible damage awards available to victims of intentional discrimination to include compensatory and punitive damages; gives plaintiffs in cases of alleged discrimination the right to a jury trial.

31
Q

U.S act that provides employees with up to 12 weeks of unpaid leave to care for family members or because of a serious health condition of the employee.

A

Family and Medical Leave Act (FMLA)

U.S act that provides employees with up to 12 weeks of unpaid leave to care for family members or because of a serious health condition of the employee.

32
Q

2010 U.S. law that requires virtually all citizens and legal residents to have minimum health coverage and requires employers with more than 50 full-time employees to provide health coverage that meets minimum benefit specifications or pay a penalty.

A

Patient Protection and Affordable Care Act (PPACA)

2010 U.S. law that requires virtually all citizens and legal residents to have minimum health coverage and requires employers with more than 50 full-time employees to provide health coverage that meets minimum benefit specifications or pay a penalty.

33
Q

U.S. act that imposed several restrictions and requirements on unions.

A

Labor-Management Relations Act (LMRA)

U.S. act that imposed several restrictions and requirements on unions.

34
Q

Legal doctrine under which a party can be held liable for the wrongful actions of another party.

A

Vicarious liability

Legal doctrine under which a party can be held liable for the wrongful actions of another party.

35
Q

Occurs when sexual or other discriminatory conduct is so severe and pervasive that it interferes with an individual’s performance; creates an intimidating, threatening, or humiliating work environment; or perpetuates a situation that affects the employee’s psychological well-being.

A

Hostile environment harassment

Occurs when sexual or other discriminatory conduct is so severe and pervasive that it interferes with an individual’s performance; creates an intimidating, threatening, or humiliating work environment; or perpetuates a situation that affects the employee’s psychological well-being.

36
Q

Medical condition or disorder, other than one resulting from an occupational injury, caused by exposure to environmental factors associated with employment.

A

Occupational illness

Medical condition or disorder, other than one resulting from an occupational injury, caused by exposure to environmental factors associated with employment.

37
Q

U.S. Supreme Court ruling that Patient Protection and Affordable Care Act requirement that individuals purchase health insurance was constitutional but requirement that states expand Medicaid was not.

A

National Federation of Independent Business v. Sebelius

U.S. Supreme Court ruling that Patient Protection and Affordable Care Act requirement that individuals purchase health insurance was constitutional but requirement that states expand Medicaid was not.

38
Q

U.S. act that established the first national policy for workplace safety and health and continues to deliver standards that employers must meet to guarantee the health and safety of their employees.

A

Occupational Safety and Health (OSH) Act

U.S. act that established the first national policy for workplace safety and health and continues to deliver standards that employers must meet to guarantee the health and safety of their employees.

39
Q

Employees who are excluded from U.S. Fair Labor Standards Act minimum wage and overtime pay requirements.

A

Exempt employees

Employees who are excluded from U.S. Fair Labor Standards Act minimum wage and overtime pay requirements.

40
Q

U.S act that protects privacy of background information and ensures that information supplied is accurate.

A

Fair Credit Reporting Act (FCRA)

U.S act that protects privacy of background information and ensures that information supplied is accurate.

41
Q

U.S. act that creates a rolling time frame for filing wage discrimination claims and expands plaintiff field beyond employee who was discriminated against.

A

Lilly Ledbetter Fair Pay Act

U.S. act that creates a rolling time frame for filing wage discrimination claims and expands plaintiff field beyond employee who was discriminated against.

42
Q

U.S. act that requires some employers to give a minimum of 60 days’ notice if a plant is to close or if mass layoffs will occur.

A

Worker Adjustment and Retraining Notification (WARN) Act

U.S. act that requires some employers to give a minimum of 60 days’ notice if a plant is to close or if mass layoffs will occur.

43
Q

U.S. act that prevents private employers from requiring applicants or employees to take a polygraph test for preemployment screening or during the course of employment, with certain exemptions.

A

Employee Polygraph Protection Act (EPPA)

U.S. act that prevents private employers from requiring applicants or employees to take a polygraph test for preemployment screening or during the course of employment, with certain exemptions.

44
Q

Proposal presented to a legislative body for possible enactment as a statute.

A

Bill

Proposal presented to a legislative body for possible enactment as a statute.

45
Q

Refers to one’s internal, personal sense of being a man or a woman (or boy or girl), which may or may not be the same as one’s sexual assignment at birth.

A

Gender identity

Refers to one’s internal, personal sense of being a man or a woman (or boy or girl), which may or may not be the same as one’s sexual assignment at birth.

46
Q

Type of discrimination that occurs when an applicant or employee is treated differently because of his or her membership in a protected class.

A

Disparate treatment

Type of discrimination that occurs when an applicant or employee is treated differently because of his or her membership in a protected class.

47
Q

Employees covered under U.S. Fair Labor Standards Act regulations, including minimum wage and overtime pay requirements.

A

Nonexempt employees

Employees covered under U.S. Fair Labor Standards Act regulations, including minimum wage and overtime pay requirements.

48
Q

Primary job duties that a qualified individual must be able to perform, either with or without accommodation.

A

Essential functions

Primary job duties that a qualified individual must be able to perform, either with or without accommodation.

49
Q

Individuals who exchange work for wages or salary; in the U.S., workers who are covered by Fair Labor Standards Act regulations as determined by the IRS.

A

Employees

Individuals who exchange work for wages or salary; in the U.S., workers who are covered by Fair Labor Standards Act regulations as determined by the IRS.

50
Q

Characteristic of an organization with a strong global image but an equally strong local identity.

A

Glocalization

Characteristic of an organization with a strong global image but an equally strong local identity.

51
Q

Rules or orders issued by an administrative agency of government that usually have the force of law.

A

Regulation

Rules or orders issued by an administrative agency of government that usually have the force of law.

52
Q

U.S. act that protected and encouraged the growth of the union movement; established workers’ rights to organize and bargain collectively with employers.

A

National Labor Relations Act (NLRA)

U.S. act that protected and encouraged the growth of the union movement; established workers’ rights to organize and bargain collectively with employers.

53
Q

U.S. act that provides individuals and dependents who may lose health-care coverage with opportunity to pay to continue coverage.

A

Consolidated Omnibus Budget Reconciliation Act (COBRA)

U.S. act that provides individuals and dependents who may lose health-care coverage with opportunity to pay to continue coverage.

54
Q

Self-employed individuals hired on a contract basis for specialized services.

A

Independent contractors

Self-employed individuals hired on a contract basis for specialized services.

55
Q

1992 case in which the U.S. Supreme Court ruled that an employer cannot be compelled to allow nonemployee organizers onto the business property.

A

Lechmere, Inc. v. NLRB

1992 case in which the U.S. Supreme Court ruled that an employer cannot be compelled to allow nonemployee organizers onto the business property.

56
Q

Physical or mental impairment that substantially limits one’s major life activities.

A

Disability

Physical or mental impairment that substantially limits one’s major life activities.

57
Q

U.S. court ruling that distinguished between supervisor harassment that results in tangible employment action and supervisor harassment that does not.

A

Faragher v. City of Boca Raton

U.S. court ruling that distinguished between supervisor harassment that results in tangible employment action and supervisor harassment that does not.

58
Q

Type of discrimination that results when a policy that appears to be neutral has a discriminatory effect; also known as disparate impact.

A

Adverse impact

Type of discrimination that results when a policy that appears to be neutral has a discriminatory effect; also known as disparate impact.

59
Q

U.S. act that amended the Age Discrimination in Employment Act to include all employee benefits; also provided standards that an employee’s waiver of the right to sue for age discrimination must meet in order to be upheld by a court.

A

Older Workers Benefit Protection Act (OWBPA)

U.S. act that amended the Age Discrimination in Employment Act to include all employee benefits; also provided standards that an employee’s waiver of the right to sue for age discrimination must meet in order to be upheld by a court.

60
Q

U.S. acts that expanded FMLA leave for employees with family members who are covered members of the military.

A

National Defense Authorization Acts (NDAA)

U.S. acts that expanded FMLA leave for employees with family members who are covered members of the military.

61
Q

U.S. act that requires that all publicly held companies establish internal controls and procedures for financial reporting to reduce the possibility of corporate fraud.

A

Sarbanes-Oxley Act (SOX)

U.S. act that requires that all publicly held companies establish internal controls and procedures for financial reporting to reduce the possibility of corporate fraud.

62
Q

U.S. act that protects the employment, reemployment, and retention rights of persons who serve or have served in the uniformed services.

A

Uniformed Services Employment and Reemployment Rights Act (USERRA)

U.S. act that protects the employment, reemployment, and retention rights of persons who serve or have served in the uniformed services.

63
Q

U.S act that establishes minimum wage, overtime pay, youth employment, and record-keeping standards affecting full- and part-time workers in the private sector and in federal, state, and local governments.

A

Fair Labor Standards Act (FLSA)

U.S act that establishes minimum wage, overtime pay, youth employment, and record-keeping standards affecting full- and part-time workers in the private sector and in federal, state, and local governments.

64
Q

Factor (such as religion, gender, national origin, etc.) that is reasonably necessary, in the normal operations of an organization, to carry out a particular job function.

A

Bona fide occupational qualification (BFOQ)

Factor (such as religion, gender, national origin, etc.) that is reasonably necessary, in the normal operations of an organization, to carry out a particular job function.

65
Q

U.S. act that prohibits discrimination in the workplace on the basis of age.

A

Age Discrimination in Employment Act (ADEA)

U.S. act that prohibits discrimination in the workplace on the basis of age.

66
Q

Landmark 1975 U.S. labor relations case that dealt with the right of a unionized employee to have another person present during certain investigatory interviews.

A

NLRB v. Weingarten

Landmark 1975 U.S. labor relations case that dealt with the right of a unionized employee to have another person present during certain investigatory interviews.

67
Q

Any fixed, recurring period of 168 consecutive hours (7 days times 24 hours = 168 hours).

A

Workweek

Any fixed, recurring period of 168 consecutive hours (7 days times 24 hours = 168 hours).

68
Q

U.S. law that requires federal contractors with contracts of $100,000 or more as well as recipients of grants from federal government to certify that they are maintaining a drug-free workplace.

A

Drug-Free Workplace Act

U.S. law that requires federal contractors with contracts of $100,000 or more as well as recipients of grants from federal government to certify that they are maintaining a drug-free workplace.

69
Q

U.S. case that set the standard for determining whether discrimination based on disparate impact exists.

A

Griggs v. Duke Power

U.S. case that set the standard for determining whether discrimination based on disparate impact exists.

70
Q

1971 U.S. case that stated that an employer may not, in the absence of business necessity, refuse to hire women with preschool-aged children while hiring men with such children.

A

Phillips v. Martin Marietta Corporation

1971 U.S. case that stated that an employer may not, in the absence of business necessity, refuse to hire women with preschool-aged children while hiring men with such children.

SHRM -c p 2021 (16 decks)

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