Employment Law

Question 1

Steps in Employment Lawsuits

Answer 1

1. Notification
2. Answering Complaint
3. Scheduling Conferences
4. Discovery Process
5. Motion to dismiss
6. Summary Judgment
7. Pretrial and Trial

Question 2

Equal Opportunity

Answer 2

Laws require employment decisions to be job and business related and not made on the basis of race, sex, ethnicity, national origin, citizenship, religion, age, color, military/ veteran status, FMLA, disability or other factors

Question 3

Disparate Treatment

Answer 3

direct discrimination that treats protected classes differently from other applicants or employees

Question 4

Disparate Impact

Answer 4

Indirect discrimination that results when a policy that appears to be neutral has a discriminatory effect

Question 5

Title VII of the Civil Rights Act of 1964

Answer 5

Illegal to discriminate in employment based off race, color, religion, sex and national origin

Question 6

Title VII Exceptions

Answer 6

Work-related requirements, Bona fide seniority systems, Bona fide occupational qualifications (BFOQ’s) and Affirmative action plans

Question 7

Pregnancy Discrimination Act (PDA)

Answer 7

prohibits discrimination on the basis of pregnancy, childbirth, or related medical conditions; requires employers to treat pregnancy the same as any other temporary disability.

Question 8

Civil Rights Act of 1991

Answer 8

Allows jury trials when a plaintiff seeks compensatory or punitive damages

Question 9

Age Discrimination Act in Employment Act

Answer 9

prohibits employment discrimination against persons age 40 and over and mandatory retirement based on age. Age can be a BFOQ if necessary for the business.

Question 10

The Older Workers Benefit Protection Act

Answer 10

amended the ADEA to prohibit discrimination in employee benefits and waivers of claims

Question 11

Americans with Disabilities Act

Answer 11

Prohibits discrimination against qualified individuals with disabilities. Applies to employers with 15 or more employees, labor organizations and joint labor-management committees

Question 12

ADA Amendments Act (ADAAA)

Answer 12

Retains the basic definition of disability contained in the ADA but expands interpretation and makes it easier to meet the definition of disability.

Question 13

Reasonable Accommodation

Answer 13

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

Question 14

Workplace Harassment

Answer 14

According to the EEOC, harassment is a form of employment discrimination that violates Title VII of the Civil Rights Act of 1964 and ADEA, ADA, EPA and GINA

Question 15

Quid pro quo

Answer 15

employee must give in to sexual demands or forfeit an economic benefit (job or raise)

Question 16

Hostile Environment

Answer 16

Sexual or other discriminatory conduct creates a threatening or abusive work environment.

Question 17

Fair Labor Standards Act

Answer 17

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

Question 18

Exempt

Answer 18

Excluded from minimum wage and overtime pay requirements of the law. must work bona fide manner and meet requirements for primary duties, salary comp, and minimum salary

Question 19

Nonexempt

Answer 19

Not excluded from minimum wage requirements and entitles to overtime. This includes blue collar workers no matter their compensation level, as well as veterans

Question 20

White Collar exemptions

Answer 20

include EAP employees and computer and outside sales positions. Employees who meet requirements of exemptions tests in addition to minimum salary and salary basis tests are exempt from overtime pay