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GK > Employment Law > Flashcards

Employment Law Flashcards

1
Q

To which employers is the Title VII of the Civil Rights Act of 1964 (EEOC) applied to

A

under federal law, if employer has 15 ore more employees on payroll each working day of at least 20 weeks in current or preceding calendar year

state law threshold may be less

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2
Q

What are the requirements of Title VII of Civil Rights Act of 1964 ?

A

Enforced by EEOC

Forbids discrimination against any worker or job applicant on the basis of citizenship status, disability, race, color, religion, sex, national origin, age, marital status, veteran status

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3
Q

What are the 10 factors that are prohibited from discrimination by employers in the Civil Rights Act of 1964?

A

1) citizenship status
2) disability
3) race
4) color
5) religion
6) sex
7) national origin
8) age
9) marital status
10) veteran status

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4
Q

What are the exemptions to the Civil Rights Act of 1964?

A

It is NOT unlawful for for an employer to:

pay different wages or provide terms or priveleges of employment if decisions are based on a bona fide merit, seniority or other system designed to measure quantity or quality of work

take religion, sex, national origin (NOT RACE) into account making employment decisions when these factors are legitimate

base employment decisions on the results of professionally validated ability tests that are not designed, intended or used to descriminate

pregnancy discrimination act amendment is another exception

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5
Q

What is the pregnancy discrimination act amendment?

A

pregnant woman and related conditions must be treated the same as other applicants and employees on the basis of her ability or inability to work

treated same as other causes under health insurance, fringe benefits, leaves of absence and return to work rights

cannot refuse to hire, discharge or promote a woman because she is pregnant might become pregnant or had an abortion

cannot require pregnant worker to take a leave at arbritraliy determined point in pregnancy

official EEOC notice must be POSTED

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6
Q

What is the Civil Rights Act of 1991?

A

enacted to amend parts of Title VII Civil Rights Act of 1964

restore and strengthen civil rights laws that ban discrimination in employment and for other purposes

applies changes that allow certain actions such as trial by jury and provides for damages in cases where there is intentional employment discrimination

expanded the the sex discrimination protections to GENDER IDENTITY

prohibits discrimination based on race, color, sex, religion, national origin, age, disability, AND GENETIC INFORMATION

also prohibits REPRISAL for protected activity

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7
Q

The Civil Rights Act of 1991 made amendments to section 1981 of the Reconstruction Era Civil Rights act of 1866. What are they?

A

Everyone in US has same right to make and enforce contracts, to sue, be parties, give evidence and full and equal benefit of all laws and proceedings

Since employment is a CONTRACTUAL relationship, law applies to private employers

The law has been construed by courts to protect the contract relationship of employment of a worker and to cover bias against all ethnic minorities

Race, color, national origin, citizenship and ethnicity discrimination claims can be brought under section 1981

NO POSTING REQUIREMENT

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8
Q

What is the Age Discrimination in Employment Act? (ADEA)

A

Prohibits employers from discriminating against workers or applicants who are 40 years of age or older

enforced by EEOC

official ADEA notice must be POSTED

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9
Q

What is the Age Discrimination Act of 1975?

A

Along with Executive Order NO 11,141 broadly prohibits all age discrimination

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10
Q

What is the Americans with Disabilities Act (ADA) 1990?

A

prohibits laboratories with 15 or more employees from discriminating against qualified individual with a diasbility BECAUSE OF HIS OR HER DISABILITY

ADA requires labs to provide reasonable accomodations to assist disabled individuals in performing essential functions of their jobs

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11
Q

What is a disability under ADA?

A

physical or mental impairment that substantially limits one or more major life activities

OR

has a record of such impairment

OR

is judged to have such an impairment

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12
Q

What does physical or mental impairment mean according to ADA?

A

physiological disorder, cosmetic disfigurement, anatomical loss affecting one ore more of the following: neurological, musculoskeletal, special sense organs, respiratory, speech, cardiovascular, reproductive, digestive, genitourinary, hemic, lymphatic, skin and endocrine

OR

mental or psychological disorder such as mental retardation, organic brain syndrome, emotional or mental illness and specific learning disabilities

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13
Q

What are major life activities according to ADA?

A

basic functions such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breaching, learning and working

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14
Q

How does ADA define substantially limits?

A

unable to perform a major life activity that average person in general population can

OR

compared to general population is significantly restricted as to the condition, manner or duration the individual can perform major life activity

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15
Q

What are other factors to consider in assessing whether an individual is substantially limited in major life activity?

A

nature and severity of impairment

duration or expected duration

AND

actual or expected permanent or long term impact of or resulting from impairment

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16
Q

Does the identity or name of the impairment determine whether a person is disabled?

A

NO, the effect the impairment has on the life of individual NOT the identity

disability for one person may be just inconvenience for another

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17
Q

What are examples of specific conditions and disabilities protected by the ADA?

A

include AIDS, HIV, epilepsy, paralysis, cerebral palsy, muscular dystrophy, MS, cancer, heart disease, diabetes, mental retardation, emotional illness, specific learning disabilities and identifiable stress disorders

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18
Q

Are minor or temporary disabilities considered disabilities under ADA?

A

NO

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19
Q

Are physical characteristics like left handedness, predispositions to disease, personality traits, prison record, environmental, cultural or economic disadvantages covered by ADA?

A

NO

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20
Q

Are sexual behaviors like homo, bi, trans, pedo, transex, exhibitionism, voyeurism, compulsive gambling, klepto, payro, gender identity disorders, psychoactive substane abuse disorders and use of illegal drugs covered by ADA?

A

NO

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21
Q

Is pregnancy covered by the ADA?

A

NO pregnancy is not considered a disability under ADA

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22
Q

According to ADA, who are qualified individuals with disabilities?

A

an individual with a disability who satisfies the requisite SKILL, EXPERIENCE, EDUCATION and other job-related requirements of the employment position

with or without reasonable accommodation can perform the essential functions of the position

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23
Q

What are examples of specific conditions provided protection under ADA?

A

work-qualified HIV

former drug users rehabilitated or supervised rehab programs

alcoholics otherwise qualified unless pose safety threat

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24
Q

In Which aspects of employer functions are they prohibited from discrimination against qualified individuals with disabilities on the basis of such disabilities?

A

job application including recruitment, interviewing and testing

hiring, layoff, recall, termination

evaluation or promotion

leave, compensation or other fringe benefits

job training

any other terms or conditions of employment

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25
Q

What are examples of discriminatory practices under ADA?

A

failure to make reasonable accommodations unless undue HARDSHIP would result

denial of employment opportunities if based on individuals need for accommodation

application of qualification standards, tests, selection criteria or eligibility criteria unless they are business necessity or job related

denial of an equal opportunity or benefit to qualified individual based on a known relationship with disabled individual

limiting, segregating, classifying individual in way that adversely affects opportunities, or status based on existence of disability

using standards, criteria or administration methods that have effect of discrimination on basis of disability or perpetuate discrimination of others who are subject to common administrative control

using employment tests, medial examinations, that reveal impaired sensory, manual or speaking skills of disabled

participating in contractual or other relationships that subject applicants/employees to discrimination otherwise forbidden by ADA

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26
Q

Under ADA are employers allowed to ask pre-employment questions to assess the ability of an individual with disability to perform job-related functions?

A

YES

prohibits inquiries or medical exams designed to determine the existence, nature and extent of an applicant’s disability

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27
Q

What kinds of questions or inquiries are prohibited by ADA during interview?

A

Can ask about ability to perform job related functions

Can’t ask about medical examinations or disability specifically

inappropriate questions:

Impairments, health, phsychiatric history, drug/alcohol, how disability occurred, previous work attendance related to disability, family history of illness,

whether applicant has any disability or medical condition that will prevent person from performing the job

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28
Q

Can employer ask if applicant has disability or medical condition that will prevent person from performing job?

A

NO can only ask questions to assess ability to perform job related functions

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29
Q

Does ADA require employers to post notices about the law’s provisions?

A

YES must post in a conspicuous place notices

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30
Q

Who is responsible for enforcement of ADA?

A

ADA establishes overlapping responsibilities in both EEOC and DOJ for employment by state and local governments

federal enforcement will be coordinated by EEOC and DOJ to avoid duplication in investigative and enforcement activities

For private and governmental employers already covered by nondiscrimination and affirmative action requirements under Rehabilitation Act of 1973, EEOC, DOJ and Department of Labor will coordinate enforcement under ADA and Rehabilitation Act

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31
Q

What constitutes reasonable accommodations to known disability of an otherwise qualified individual?

A

modifications to facilities to make readily accessible

Job restructuring

modifying work schedules

reassigning to vacant positions

acquiring or modifying equipment or devices

adjusting or modifying exams, training materials, policies

providing interpreters or readers

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32
Q

What is considered undue hardship exemption from reasonable accommodations by employer under ADA?

A

determined by nature and cost of accommodation, size and type of the facility, financial resources of the employer, nature of the employer’s operation including composition, structure and functions of workforce

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33
Q

Who is the Equal Pay Act of 1963 (EPA) applied to?

A

amendment to Fair Labor Standards Act (FLSA)

applies to employers with 2 or more employees AND having sales volume exceeding 500,000 engaged in interstate commerce

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34
Q

What is prohibited by the EPA of 1963?

A

prohibits employers from paying workers of one sex less than the rate paid to opposite sex for work on jobs that require equal skill, effort and responsibility

AND

are performed under similar working conditions

EXCEPT

where pay is based on seniority, merit system, a piece work rate or differential based on any factor besides SEX

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35
Q

Who enforces EPA?

A

EEOC

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36
Q

What is he Fair Labor Standards Act FLSA ?

A

minimum wage of 7.25 and wage rate of 1.5 times employees regular rate for each hour in excess of 40 hours in a work week , 80 in 14 days in hospitals

EXEMPT from overtime are outside salespersons, professional, executive and administrative personnel paid more than 35,568 per year

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37
Q

Who are exempt from FLSA ?

A

Outside salespersons,
profesional, executive

and administrative personnel

and

paid more than 35,568 /year

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38
Q

What new regulations were effective January 1, 2020 for FLSA?

A

raised standard salary level to 35,568/year

raised highly compensated employees level from 100k to 107k

allow employers to use non discretionary bonuses and incentive payments including commissions that are paid at least annually to satisfy up to 10% of standard salary level

revising special salary levels for workers in us territories and motion picture industry

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39
Q

How does a person qualify for the learned professional exemption from FLSA?

A

employee’s primary duty must be

1)performance of work requiring advanced knowledge

2)in a field of science or learning

3) customarily acquired by prolonged course of specialized intellectual instruction

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40
Q

To whom is the learned professional exemption NOT applied?

A

occupations performed with only general knowledge acquired by academic degree in any field

knowledge acquired through apprenticeship

or with training in performance of routine mental, manual, mechanical or physical processes

occupations which most employers acquired their skill by experience rather than by advanced specialized intellectual instruction

41
Q

What are examples of professions who meet learned professional exemption?

A

registered or certified medical technologists

nurses

dental hygenists

physician assistants

accountants (not clerks, bookkeepers others doing routine work)

chefs (not cooks performing routine mental, manual, mechanical or physical work)

paralegals with advanced specialized degrees in other professional fields and apply advanced knowledge to their duties. NOT general paralegals and assistants

athletic trainers

funeral directors/embalmers

42
Q

How are occupations added to the learned professional exemption?

A

when advanced specialized degree has become standard requirement for a particular occupation, that occupation may have acquired characteristics of learned profesional

when accrediting and certifying organizations similar to those for current learned professional occupations, are created

these organizations may develop similar specialized curriculums and certification programs, which if become a standard requirement for a particular occupation, may indicate it is now a learned profession

43
Q

How long must an employer preserve payroll records, sales and purchase records or collective bargaining agreements?

A

at least 3 years

44
Q

How long must records on which wage computations are based be retained?

A

2 years

these include timecards, piece work tickets, wage rate tables, work and time schedules, records of additions to or deductions from wages

45
Q

What kinds of information must be kept about each non-exempt employee?

A

full name, SS number, address, birth date, sex and occupation, time and day of week when work begins, hours worked each day, total hours each week, basis for wages, regular hourly pay rate, total daily/weekly straight time earnings, total overtime earnings for week, all additions or deductions, total wages each pay period, date of payment and pay period covered

46
Q

What is the Employee Retirement Income Security Act (ERISA)?

A

Requirements for tax qualified, employer-sponsored pension and retirement plans and certain welfare plans that provide medical, accidental death, disability and unemployment benefits

Establishes Pension Benefit Guaranty Corporation which guarantees payment of covered pension programs

Enforced by Departments of Labor and Treasury

47
Q

Who enforces ERISA?

A

Departments of Labor and Treasury

48
Q

What is the consumer protection act?

A

Limits wages subject to garnishment and prohibits discharge of an employee for wage garnishment arising from indebtedness or child support payments

states may establish additional limits on garnishments and employer’s rights to discharge workers whose wages are garnished for debts

49
Q

What is the Federal Insurance Contribution Act (FICA)

A

Applies to all employers

Establishes Social Security - old age, survivors and disability insurance (OASDI)

AND

hospital insurance (Medicare) tax for employers and employees

For 2020 - 7.65% for both employer and employee

6.2% social security tax on first 117k and 1.45% for medicare

Maximum SS tax is $7,254 by employer and employee

No cap on Medicare tax

50
Q

What is the FICA tax rate?

A

7.65% for both employer and employee

6.2% SS on first 117K
1.45% for Medicare

MAXIMUM SS is 7,254 by employer and employee

NO CAP on MEDICARE TAX

51
Q

What is the Federal Unemployment Tax Act (FUTA)?

A

6.2% tax on first 7,000 in wages

Allows up to 87.1% credit for payment to state unemployment insurance agency

PAID BY EMPLOYER

52
Q

What is the National Labor Relations Act (NLRA)

A

Defines labor relations rights of workers and employers

prohibits unfair labor practice

specifies collective bargaining and labor dispute obligations and rights

Enforced by National Labor Relations Board (NLRB)

not for profit hospitals and nursing homes covered by 1974 amendments

8 bargaining units established: physicians, RN, all professionals except nurses, technical, business office/clerical employees, skilled maintenance, all guards, all nonprofessionals

53
Q

What is the Immigration Reform and Control Act of 1986?

A

unlawful for employers to recruit, refer for a fee, hire or continue to employ illegal immigrants to US

Job applicants must be US citizens or authorized aliens

fines for knowingly hiring and continuing to employ unlawful employees range from 600 to more than 20,000

54
Q

How was COBRA changed by American Recovery and Reinvestment Act of 2009?

A

Effective March 1 2009

Require employee to pay 35% of premium and employer must pay 65%

COBRA payment for individuals is tax deductible if AGI <125K

54
Q

What is Consolidated Omnibus Reconciliation Act (COBRA)?

A

20 or more employees who provide health insurance required to offer workers continued health insurance coverage including dental and vision for 18 or 36 months depending on qualifying events

Exception: gross misconduct

Divorced, surviving or medicare ineligible spouses of such workers and dependent children entitled to extend coverage to 36 months

Employers may charge up to 102% of premium

Employee have 60 days after qualifying event to accept

IF LESS THAN 20 EMPLOYEES INVESTIGATE STATE LAWS for obligation

55
Q

What are the main components of Health Insurance Portability and Accountability Act (HIPAA)?

A

Employers offering health care benefits must take into account requirements of HIPAA regarding health plan design, administration and communication

HIPAA guarantees availability and portability of health coverage WITHOUT regard to health related factors and pre-existing conditions

Employer sponsored group health plans CANNOT deny an employee access because of health related factors affecting employee or dependents

Health factors that CANNOT be used to determine eligibility: health status, medical condition, physical mental illness, claims experience, receipt of health care, medical history, genetic information, disability status and evidence of insurability

56
Q

What was original intent of HIPAA?

A

Help continuation of health insurance coverage when individual left job

However, now it is considered more about privacy protection than original intent because of that provision

57
Q

What is Worker Adjustment and Retraining Notification Act (WARN)?

A

Requires 60 days notice if single site of employment or facility within single employment site is temporarily or permanently shut down and 50 or more full time employees suffer an employment loss during any 30 day period as a result

covers employers with 100 or more full time and part time employees who work combined total of at least 4000 hours per week excluding overtime

Employment loss = loss of work for more than 6 months, termination or reduction of more than 50% in work hours that will last for 6 months or more

EXCLUDES NATURAL DISASTERS or UNFORSEEABLE BUSINESS CIRCUMSTANCES

58
Q

What is the Employee Polygraph Protection act of 1988 (EPPA)?

A

Restricts use of lie detection tests in workplace - polygraphs, voice stress analyzers and similar devices

federal, state and local governments are EXCLUDED

Federal government contractors engaged in national security intelligence functions also EXCLUDED

59
Q

What exemptions are provided by EPPA where polygraph (but no other lie detector test) may be administered in the private sector?

A

To employees reasonable suspected of involvement in workplace incident resulting in economic loss to employer and had access to property that is under investigation

prospective employees of armored car, security alarm, security guard firms who protect facilities, materials, operations affecting health/safety, national security or currency and other like instruments

prospective employees of pharmaceutical and other firms authorized to manufacture, distribute or dispense controlled substances who will have direct access AND current

POSTER REQUIRED

60
Q

What is the Rehabilitation Act of 1973?

A

prohibits FEDERAL CONTRACTORS from discriminating against otherwise qualified people with disabilities

requires FEDERAL CONTRACTORS to take AFFIRMATIVE ACTION to employ individuals with disabilities

also provides jointly financed government-employer agreement to expand opportunities for disabled people

61
Q

What is the Vietnam Era Veterans’ Readjustment Assistance Act of 1974?

A

People who served in military during Vietnam War and certain disabled veterans must be hired and promoted

Applies to all FEDERAL CONTACTORS, SUBCONTRACTORS that have federal contract

EEOC notice must be posted

62
Q

What is the Uniformed Services Employment and Reemployment Rights Act of 1994?

A

Prohibits discrimination by employers against individuals for any membership in a uniformed service and provides employees who leave their jobs for military service certain reemployment rights

Entitles military service personnel to return to their civilian employment with the seniority, status and pay they would have attained

Employer NOT required to reemploy individual if employment to military service was for BRIEF, NON-RECURRENT period and no expectation of indefinite employment

Law REPLACED Veterans’ Reemployment Rights Act

63
Q

What is the Consumer Credit Reporting Reform Act of 1996?

A

Revises Fair Credit Reporting Act (FCRA)

Employers need to make sure individuals credit history is job-related consideration

Must notify and obtain permission from applicants before requesting consumer reports

DOES NOT need reauthorization to repeat on individual later

64
Q

What is the Personal Responsibility and Work Opportunity Reconciliation Act of 1996?

A

Federal law mandates that all state child support programs must require employers to report new hires to state directory within 20 days of hire date

must include: employee name, address, SS number and employer name, address and federal employer identification #

65
Q

What is the purpose of Patient Protection and Affordable Care Act of 2010?

A

Signed march 23 2010
amended by Health Care and Education Reconciliation Act signed March 31, 2010

AKA ACA or federal health care reform

provisions intended to expand access to insurance, increase consumer protections, emphasize prevention and wellness, improve quality and system performance, expand the health workforce and curb rising health care costs

66
Q

What are key provisions of ACA effective jan 1, 2014?

A

require employers to cover their workers or pay penalties with exceptions for small employers

provide tax credits to certain small businesses that cover specified costs of health insurance for their employees beginning in 2010

require individuals to have insurance with some exceptions such as financial hardship or religious belief

67
Q

What are the employee number thresholds for coverage under ACA?

A

Employers with more than 200 must automatically enroll new full time employees in coverage

68
Q

Does federal law grant employees right to inspect their personnel files?

A

NO, many status provide these rights

about 1/2 of states have laws giving employees right to access and copy their personnel files

69
Q

What are the two recognized forms of sexual harrasment under Civil Rights Act of 1964?

A

quid pro quo sexual harassment

hostile environment sexual harassment

70
Q

Does Title VII of the Civil Rights Act refer to sexual harassment?

A

No
prohibits employment discrimination based on sex

71
Q

What are the prohibitions around sexual harassment according to guidelines issued by Equal Employment Opportunity Commission?

A

any unwelcome sexual advances, requests for sexual favors, other verbal or physical conduct of sexual nature is sexual harassment when:

submission is term or condition of employment

basis for employment decisions

conduct has purpose or effect of unreasonably interfering with work performance or creating intimidating, hostile or offensive working environnent

72
Q

Does sexual harassment law have posting requirement?

A

NO posting requirement

Sexual harassment policies must be in writing and distributed to all employees

73
Q

Can sexual advances outside the workplace be considered harassment?

A

YES

74
Q

Which 15 Federal Laws must be Posted?

A

1) ADA
2) ADEA
3) Civil Rights Act of 1964 (Title VII) (EEOC)
4) Civil Rights Act of 1991
5) Civil Rights Act (Reconstruction era, Section 1981)
6) COBRA
7) Consumer Credit Protection Act
8) Employee Polygraph Protection Act
9) Equal Pay Act
10) Fair Labor Standards Act (FLSA)
11) FMLA
12) FICA
13) HIPAA
14) Service Contract Act
15) OSHA

75
Q

How many employees required to trigger coverage for Americans With Disabilities Act?

A

15

76
Q

How many employees required to trigger coverage for Age Discrimination in Employment Act?

A

How many employees required to trigger coverage for

77
Q

How many employees required to trigger coverage for Civil Rights Act of 1964 (Title VII) EEOC?

A

15

78
Q

How many employees required to trigger coverage for Civil Rights Act of 1991?

A

1 or more

79
Q

How many employees required to trigger coverage for Civil Rights Act (Reconstruction Era, Section 1981)

A

1 or more

80
Q

How many employees required to trigger coverage for Consolidated Omnibus Budget Reconciliation Act (COBRA)?

A

20

81
Q

How many employees required to trigger coverage for Consumer Credit Protection Act?

A

1 or more

82
Q

How many employees required to trigger coverage for Employee Polygraph Protection Act?

A

1 or more

83
Q

How many employees required to trigger coverage for Employee Retirement Income Security Act?

A

1 or more

84
Q

How many employees required to trigger coverage for Equal Pay Act?`

A

1 or more

85
Q

How many employees required to trigger coverage for Fair Labor Standards Act?

A

1 or more

86
Q

How many employees required to trigger coverage for Family and Medical Leave Act?

A

50 or more within 75 miles of work site

87
Q

How many employees required to trigger coverage for Federal Insurance Contributions Act?

A

1 or more

88
Q

How many employees required to trigger coverage for Federal Unemployment Tax Act?

A

25

89
Q

How many employees required to trigger coverage for HIPAA?

A

1 or more

90
Q

How many employees required to trigger coverage for Immigration Reform and Control Act?

A

1 or more

91
Q

How many employees required to trigger coverage for National Labor Relations Act?

A

All except employers of agricultural and domestic workers, individuals employed by a parent or spouse, independent contractors, supervisors and employees covered by Railway Labor Act

92
Q

How many employees required to trigger coverage for Patient Protection and Affordable Care Act of 2010?

A

50 or more

93
Q

How many employees required to trigger coverage for Rehabilitation Act?

A

All federal contractors and subcontractors with 50 or more employees and contract of 50k or more

94
Q

How many employees required to trigger coverage for Service Contract Act?

A

All contractors providing services to a federal agency- contracts in excess of 2500

95
Q

How many employees required to trigger coverage for Uniformed Services Employment and Reemployment Rights Act?

A

1 or more

96
Q

How many employees required to trigger coverage for Occupational Safety and Health Act?

A

1 or more

97
Q

How many employees required to trigger coverage for Worker Adjustment and Retraining Notification Act?

A

Employers with 100 or more employees

GK (15 decks)

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